By: Ellis S.B. No. 1598
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of suitable state property for community
1-2 gardens and farmers markets for the benefit of low-income and needy
1-3 families.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 10, Government Code, is amended
1-6 by adding Chapter 2310 to read as follows:
1-7 CHAPTER 2310. COMMUNITY NUTRITION TASK FORCE
1-8 Sec. 2310.001. TASK FORCE; PURPOSE. The Community Nutrition
1-9 Task Force is established to coordinate and implement a community
1-10 food production and farmers market program using underutilized
1-11 state land or other appropriate state-owned property for the
1-12 benefit of low-income and needy families.
1-13 Sec. 2310.002. COMPOSITION OF TASK FORCE. The task force is
1-14 composed of:
1-15 (1) representatives of the following state agencies
1-16 and services:
1-17 (A) the Department of Agriculture;
1-18 (B) the Texas Agricultural Extension Service;
1-19 (C) the Texas Department of Criminal Justice;
1-20 (D) the Texas Education Agency;
1-21 (E) the General Land Office;
1-22 (F) the Texas Department of Health; and
1-23 (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 director of the Texas Agricultural Extension
2-5 Service, and one by the commissioner of the General Land Office.
2-6 Sec. 2310.003. IDENTIFICATION OF SUITABLE UNDERUTILIZED
2-7 PROPERTY. The General Land Office shall identify underutilized
2-8 state property that is subject to the land office's authority under
2-9 Subchapter E, Chapter 31, Natural Resources Code, and that is
2-10 suitable for the establishment of a community food garden or
2-11 farmers market.
2-12 Sec. 2310.004. ESTABLISHMENT OF COMMUNITY FOOD GARDENS.
2-13 (a) The task force shall select suitable state property identified
2-14 by the General Land Office or other appropriate state-owned
2-15 property for the establishment by the task force of community food
2-16 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;
3-1 (2) work with community groups to develop a community
3-2 food garden plan and to identify the resources necessary to
3-3 implement the plan; and
3-4 (3) teach youths and adults in communities near the
3-5 gardens the basics of gardening for food, the basics of nutrition,
3-6 and how that knowledge benefits their health and economic security.
3-7 Sec. 2310.005. FOOD GROWN IN GARDENS. Food grown in
3-8 community food gardens may not be sold for individual profit but
3-9 may be:
3-10 (1) donated to local food banks or kitchens that serve
3-11 persons at risk for hunger;
3-12 (2) donated to local families at risk for hunger; or
3-13 (3) in an area that is not served by a for-profit
3-14 farmers market, sold to the general public with the proceeds of the
3-15 sales used to benefit the continued operation of the gardens.
3-16 Sec. 2310.006. PARTICIPATION BY YOUTH COMMISSION AND
3-17 DEPARTMENT OF CRIMINAL JUSTICE; COMMUNITY SERVICE. (a) The Texas
3-18 Youth Commission and the Texas Department of Criminal Justice shall
3-19 participate in the program by encouraging when feasible the
3-20 planting of community gardens at residential or correctional
3-21 facilities under the commission's or department's jurisdiction.
3-22 (b) One-half of the food grown at a participating facility
3-23 shall be used by the facility and the other half shall be donated
3-24 to a nonprofit food bank or kitchen that serves persons at risk for
3-25 hunger.
4-1 (c) A juvenile or adult required by a court to perform hours
4-2 of community service may be allowed to credit hours worked in any
4-3 community garden established under this chapter toward the required
4-4 number of community service hours.
4-5 Sec. 2310.007. FARMERS MARKETS. (a) The task force may
4-6 select suitable underutilized state property on which an
4-7 association of farmers or a nonprofit organization approved by the
4-8 task force may establish a farmers market for the purpose of
4-9 selling locally grown fresh produce directly to consumers, if:
4-10 (1) the task force determines that this would increase
4-11 food security in the area; and
4-12 (2) the area is not already served by a for-profit
4-13 farmers market.
4-14 (b) The General Land Office may lease the land to the
4-15 association or organization for a nominal amount for this purpose.
4-16 Sec. 2310.008. TRANSACTIONS RELATED TO LAND. (a) On behalf
4-17 of the task force, the state, and any affected state agency, the
4-18 General Land Office may if necessary execute leases, contracts, or
4-19 other transactions related to land to accomplish the purposes of
4-20 this chapter.
4-21 (b) The procedures of Subchapters E and I, Chapter 31,
4-22 Natural Resources Code, do not apply to the leases, contracts, or
4-23 other transactions.
4-24 Sec. 2310.009. INFORMATION ABOUT PROGRAM. The Texas
4-25 Agricultural Extension Service shall include periodically revised
5-1 information about the task force's program, when appropriate, as
5-2 part of the service's own programs.
5-3 Sec. 2310.010. REPORT. Not later than October 1 of each
5-4 year, the task force shall report the results of its efforts to the
5-5 governor, lieutenant governor, and speaker of the house of
5-6 representatives.
5-7 Sec. 2310.011. EXPIRATION. The task force is abolished and
5-8 this chapter expires September 1, 2003.
5-9 SECTION 2. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force from and after its
5-15 passage, and it is so enacted.