By Raymond H.B. No. 2782
75R8871 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of suitable state property for community
1-3 gardens and farmers markets for the benefit of low-income and needy
1-4 families.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-7 by adding Chapter 2310 to read as follows:
1-8 CHAPTER 2310. COMMUNITY NUTRITION TASK FORCE
1-9 Sec. 2310.001. TASK FORCE; PURPOSE. The Community Nutrition
1-10 Task Force is established to coordinate and implement a community
1-11 food production and farmers market program using underutilized
1-12 state land or other appropriate state-owned property for the
1-13 benefit of low-income and needy families.
1-14 Sec. 2310.002. COMPOSITION OF TASK FORCE. The task force is
1-15 composed of:
1-16 (1) representatives of the following state agencies
1-17 and services:
1-18 (A) the Department of Agriculture;
1-19 (B) the Texas Agricultural Extension Service;
1-20 (C) the Texas Department of Criminal Justice;
1-21 (D) the Texas Education Agency;
1-22 (E) the General Land Office;
1-23 (F) the Texas Department of Health; and
1-24 (G) the Texas Youth Commission; and
2-1 (2) three representatives of nonprofit organizations
2-2 that work in low-income communities or with Texas farmers on
2-3 projects to increase food security, one of whom is appointed by the
2-4 governor, one by the executive director of the Texas Agricultural
2-5 Extension Service, and one by the commissioner of the General Land
2-6 Office.
2-7 Sec. 2310.003. IDENTIFICATION OF SUITABLE UNDERUTILIZED
2-8 PROPERTY. The General Land Office shall identify underutilized
2-9 state property that is subject to the land office's authority under
2-10 Subchapter E, Chapter 31, Natural Resources Code, and that is
2-11 suitable for the establishment of a community food garden or
2-12 farmers market.
2-13 Sec. 2310.004. ESTABLISHMENT OF COMMUNITY FOOD GARDENS. (a)
2-14 The task force shall select suitable state property identified by
2-15 the General Land Office or other appropriate state-owned property
2-16 for the establishment by the task force of community food gardens.
2-17 (b) Each state agency or service on the task force shall
2-18 provide resources, information, and staff support for the
2-19 establishment of the community food gardens.
2-20 (c) Agencies, services, and organizations that are members
2-21 of the task force shall under the coordination of the task force:
2-22 (1) identify community groups, nonprofit
2-23 organizations, local government agencies, and persons in
2-24 communities near the gardens that will be helpful in establishing
2-25 the gardens;
2-26 (2) work with community groups to develop a community
2-27 food garden plan and to identify the resources necessary to
3-1 implement the plan; and
3-2 (3) teach youths and adults in communities near the
3-3 gardens the basics of gardening for food, the basics of nutrition,
3-4 and how that knowledge benefits their health and economic security.
3-5 Sec. 2310.005. FOOD GROWN IN GARDENS. Food grown in
3-6 community food gardens may not be sold for individual profit but
3-7 may be:
3-8 (1) donated to local food banks or kitchens that serve
3-9 persons at risk for hunger;
3-10 (2) donated to local families at risk for hunger; or
3-11 (3) in an area that is not served by a for-profit
3-12 farmers market, sold to the general public with the proceeds of the
3-13 sales used to benefit the continued operation of the gardens.
3-14 Sec. 2310.006. PARTICIPATION BY YOUTH COMMISSION AND
3-15 DEPARTMENT OF CRIMINAL JUSTICE; COMMUNITY SERVICE. (a) The Texas
3-16 Youth Commission and the Texas Department of Criminal Justice shall
3-17 participate in the program by encouraging when feasible the
3-18 planting of community gardens at residential or correctional
3-19 facilities under the commission's or department's jurisdiction.
3-20 (b) One-half of the food grown at a participating facility
3-21 shall be used by the facility and the other half shall be donated
3-22 to a nonprofit food bank or kitchen that serves persons at risk for
3-23 hunger.
3-24 (c) A juvenile or adult required by a court to perform hours
3-25 of community service may be allowed to credit hours worked in any
3-26 community garden established under this chapter toward the required
3-27 number of community service hours.
4-1 Sec. 2310.007. FARMERS MARKETS. (a) The task force may
4-2 select suitable underutilized state property on which an
4-3 association of farmers or a nonprofit organization approved by the
4-4 task force may establish a farmers market for the purpose of
4-5 selling locally grown fresh produce directly to consumers, if:
4-6 (1) the task force determines that this would increase
4-7 food security in the area; and
4-8 (2) the area is not already served by a for-profit
4-9 farmers market.
4-10 (b) The General Land Office may lease the land to the
4-11 association or organization for a nominal amount for this purpose.
4-12 Sec. 2310.008. TRANSACTIONS RELATED TO LAND. (a) On behalf
4-13 of the task force, the state, and any affected state agency, the
4-14 General Land Office may if necessary execute leases, contracts, or
4-15 other transactions related to land to accomplish the purposes of
4-16 this chapter.
4-17 (b) The procedures of Subchapters E and I, Chapter 31,
4-18 Natural Resources Code, do not apply to the leases, contracts, or
4-19 other transactions.
4-20 Sec. 2310.009. INFORMATION ABOUT PROGRAM. The Texas
4-21 Agricultural Extension Service shall include periodically revised
4-22 information about the task force's program, when appropriate, as
4-23 part of the service's own programs.
4-24 Sec. 2310.010. REPORT. Not later than October 1 of each
4-25 year, the task force shall report the results of its efforts to the
4-26 governor, lieutenant governor, and speaker of the house of
4-27 representatives.
5-1 SECTION 2. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended,
5-6 and that this Act take effect and be in force from and after its
5-7 passage, and it is so enacted.