SRC-MAX S.B. 1598 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1598
By: Ellis
State Affairs
4-16-97
As Filed


DIGEST 

Currently, one out of every four children in Texas can be classified as
hungry--meaning they are unable to obtain the basic nourishment they need
without help from public or private programs, according to a
newly-released study funded by Texas A&M University.  In addition, more
than 70 percent of hungry Texas families are "working poor," which means
families that have at least one member employed still have inadequate
resources to meet all their family's food and nutrition needs. 

Community gardens provide families who do not own land a place to garden.
Community gardens provide families with the opportunity to grow fresh and
nutritious food to supplement family incomes and increase family food
security.  This bill establishes a community nutrition task force and
community food gardens.      

PURPOSE

As proposed, S.B. 1598 establishes a community nutrition task force and
community food gardens.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10G, Government Code, by adding Chapter 2310, as
follows: 

CHAPTER 2310.  COMMUNITY NUTRITION TASK FORCE

Sec.  2310.001.  TASK FORCE; PURPOSE.  Establishes the Community Nutrition
Task Force (task force) to coordinate and implement a community food
production and farmers market program using underutilized state land or
other appropriate state-owned property for the benefit of low-income and
needy families. 

Sec.  2310.002.  COMPOSITION OF TASK FORCE.  Sets forth the participating
members of the task force.  

Sec.  2310.003.  IDENTIFICATION OF SUITABLE UNDERUTILIZED PROPERTY.
Requires the General Land Office (GLO) to identify underutilized state
property which is subject to GLO authority and suitable for the
establishment of a community food garden or farmers market.   

Sec.  2310.004.  ESTABLISHMENT OF COMMUNITY FOOD GARDENS.  Requires the
task force to select suitable state property identified by GLO or other
appropriate state-owned property for the establishment by the task force
of community food gardens.  Requires agencies, services, and organizations
that are members of the task force to  perform certain functions. 

Sec.  2310.005.  FOOD GROWN IN GARDENS.  Prohibits food grown in community
food gardens from being sold for individual profit but may be donated or
given away in certain  circumstances. 

Sec.  231.006.  PARTICIPATION BY YOUTH COMMISSION AND DEPARTMENT OF
CRIMINAL JUSTICE; COMMUNITY SERVICE.  Requires the Texas Youth Commission
(commission) and the Texas Department of Criminal Justice (department) to
participate in the program by encouraging when feasible the planting of
community gardens at residential or correctional facilities under the
commission's or department's jurisdiction.  Requires  
one-half of the food grown at a participating facility to be used or
donated in a certain manner. Authorizes a juvenile or adult required to
perform hours of community service to be allowed to credit hours worked in
any community garden established under this chapter toward the required
number of community hours. 

Sec.  2310.007.  FARMERS MARKETS.  Authorizes the task force to select
suitable underutilized state property on which an association of farmers
or an approved nonprofit organization to establish a farmers market for
the purpose of selling locally grown fresh produce to consumers under
certain conditions.  Authorizes GLO to lease the land to the association
or organization for a nominal amount for this purpose.   

Sec.  2310.008.  TRANSACTIONS RELATED TO LAND.  Authorizes GLO to execute
leases, contracts, or other transactions related to land to accomplish the
purposes of this chapter.  Provides that the procedures of Chapters 31E
and I, Natural Resources Code, do not apply to the leases, contracts, or
other transactions.   

Sec.  2310.009.  INFORMATION ABOUT PROGRAM.  Requires the Texas
Agricultural Extension Service include periodically revised information
about the task force's program, when appropriate, as part of the service's
own programs. 

Sec.  2310.010.  REPORT.  Requires the task force to report the results of
its efforts to certain government officials by a certain date. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.