1-1 By: Raymond (Senate Sponsor - Ellis) H.B. No. 2198
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 17, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to establishing a pilot program to use suitable
1-9 underutilized state property for community gardens and farmers
1-10 markets for the benefit of low-income and needy families.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. COMMUNITY NUTRITION TASK FORCE; PILOT PROGRAM.
1-13 (a) The Texas Community Nutrition Task Force is established to
1-14 develop, implement, and evaluate a two-year community food
1-15 production and farmers market pilot program using underutilized
1-16 state land or other appropriate property in at least two Texas
1-17 communities.
1-18 (b) The task force shall report the results of its
1-19 evaluations to the 75th Legislature.
1-20 SECTION 2. COMPOSITION OF TASK FORCE. The task force is
1-21 composed of:
1-22 (1) representatives of the following state agencies
1-23 and services:
1-24 (A) the Department of Agriculture;
1-25 (B) the Texas Agricultural Extension Service;
1-26 (C) the General Land Office;
1-27 (D) the Texas Department of Health;
1-28 (E) the Texas Department of Housing and
1-29 Community Affairs; and
1-30 (F) the Texas Department of Human Services; and
1-31 (2) three representatives of nonprofit organizations
1-32 that work in low-income communities or with Texas farmers on
1-33 projects to increase food security, one of whom is appointed by the
1-34 governor, one by the executive director of the Texas Agricultural
1-35 Extension Service, and one by the commissioner of the General Land
1-36 Office.
1-37 SECTION 3. IDENTIFICATION OF SUITABLE UNDERUTILIZED
1-38 PROPERTY. The General Land Office shall identify underutilized
1-39 state property that is subject to the land office's authority under
1-40 Subchapter E, Chapter 31, Natural Resources Code, and that is
1-41 suitable for the establishment of a community food garden or
1-42 farmers market.
1-43 SECTION 4. ESTABLISHMENT OF COMMUNITY FOOD GARDENS. (a)
1-44 The task force shall select suitable state property identified by
1-45 the General Land Office or other appropriate property in at least
1-46 two communities for the establishment by the task force of pilot
1-47 program community food gardens.
1-48 (b) Each state agency or service on the task force shall
1-49 provide resources, information, and staff support for the
1-50 establishment of the community food gardens.
1-51 (c) Agencies, services, and organizations that are members
1-52 of the task force shall under the coordination of the task force:
1-53 (1) identify community groups, nonprofit
1-54 organizations, local government agencies, and persons in
1-55 communities near the gardens that will be helpful in implementing
1-56 the program;
1-57 (2) work with community groups to develop a community
1-58 food garden plan and to identify the resources necessary to
1-59 implement the plan; and
1-60 (3) teach youth and adults in communities near the
1-61 gardens the basics of gardening for food, the basics of nutrition,
1-62 and how that knowledge benefits their health and economic security.
1-63 SECTION 5. FOOD GROWN IN GARDENS. Food grown in a community
1-64 food garden may not be sold for individual profit but may be:
1-65 (1) sold at or below cost, as appropriate, to local
1-66 low-income families;
1-67 (2) donated to local families at risk for hunger; or
1-68 (3) sold to the general public with the proceeds of
2-1 the sales used to benefit the continued operation of the gardens.
2-2 SECTION 6. FARMERS MARKETS. The task force may select
2-3 suitable underutilized state property on which an association of
2-4 farmers selected by the task force may establish a farmers market
2-5 for the purpose of selling locally grown fresh produce directly to
2-6 consumers, if the task force determines that would increase food
2-7 security in the area. The General Land Office may lease the land
2-8 to the association for a nominal amount for this purpose.
2-9 SECTION 7. TRANSACTIONS RELATED TO LAND. On behalf of the
2-10 task force, the state, and any affected state agency, the General
2-11 Land Office may if necessary execute leases, contracts, or other
2-12 transactions related to land to accomplish the purposes of this
2-13 Act. The term of a contract, lease, or other transaction executed
2-14 under the authority of this Act may not extend past September 1,
2-15 1997. The procedures of Subchapter E, Chapter 31, Natural
2-16 Resources Code, and of Chapter 672, Acts of the 71st Legislature,
2-17 Regular Session, 1989 (Article 5421t, Vernon's Texas Civil
2-18 Statutes), do not apply to the contracts, leases, or other
2-19 transactions.
2-20 SECTION 8. EXPIRATION. The task force is abolished and this
2-21 Act expires September 1, 1997.
2-22 SECTION 9. EMERGENCY. The importance of this legislation
2-23 and the crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
2-28 passage, and it is so enacted.
2-29 * * * * *