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.
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