1-1 By: Ellis S.B. No. 1598 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 18, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 10, Nays 1; April 18, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis 1-7 Amend S.B. No. 1598 in SECTION 1 of the bill, after proposed 1-8 Section 2310.010, Government Code (introduced version, between page 1-9 2, line 55 and page 2, line 56) insert a new Section 2310.011 to 1-10 read as follows: 1-11 Sec. 2310.011. EXPIRATION. The task force is abolished and 1-12 this chapter expires September 1, 2003. 1-13 A BILL TO BE ENTITLED 1-14 AN ACT 1-15 relating to the use of suitable state property for community 1-16 gardens and farmers markets for the benefit of low-income and needy 1-17 families. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Subtitle G, Title 10, Government Code, is amended 1-20 by adding Chapter 2310 to read as follows: 1-21 CHAPTER 2310. COMMUNITY NUTRITION TASK FORCE 1-22 Sec. 2310.001. TASK FORCE; PURPOSE. The Community Nutrition 1-23 Task Force is established to coordinate and implement a community 1-24 food production and farmers market program using underutilized 1-25 state land or other appropriate state-owned property for the 1-26 benefit of low-income and needy families. 1-27 Sec. 2310.002. COMPOSITION OF TASK FORCE. The task force is 1-28 composed of: 1-29 (1) representatives of the following state agencies 1-30 and services: 1-31 (A) the Department of Agriculture; 1-32 (B) the Texas Agricultural Extension Service; 1-33 (C) the Texas Department of Criminal Justice; 1-34 (D) the Texas Education Agency; 1-35 (E) the General Land Office; 1-36 (F) the Texas Department of Health; and 1-37 (G) the Texas Youth Commission; and 1-38 (2) three representatives of nonprofit organizations 1-39 that work in low-income communities or with Texas farmers on 1-40 projects to increase food security, one of whom is appointed by the 1-41 governor, one by the director of the Texas Agricultural Extension 1-42 Service, and one by the commissioner of the General Land Office. 1-43 Sec. 2310.003. IDENTIFICATION OF SUITABLE UNDERUTILIZED 1-44 PROPERTY. The General Land Office shall identify underutilized 1-45 state property that is subject to the land office's authority under 1-46 Subchapter E, Chapter 31, Natural Resources Code, and that is 1-47 suitable for the establishment of a community food garden or 1-48 farmers market. 1-49 Sec. 2310.004. ESTABLISHMENT OF COMMUNITY FOOD GARDENS. 1-50 (a) The task force shall select suitable state property identified 1-51 by the General Land Office or other appropriate state-owned 1-52 property for the establishment by the task force of community food 1-53 gardens. 1-54 (b) Each state agency or service on the task force shall 1-55 provide resources, information, and staff support for the 1-56 establishment of the community food gardens. 1-57 (c) Agencies, services, and organizations that are members 1-58 of the task force shall under the coordination of the task force: 1-59 (1) identify community groups, nonprofit 1-60 organizations, local government agencies, and persons in 1-61 communities near the gardens that will be helpful in establishing 1-62 the gardens; 1-63 (2) work with community groups to develop a community 1-64 food garden plan and to identify the resources necessary to 2-1 implement the plan; and 2-2 (3) teach youths and adults in communities near the 2-3 gardens the basics of gardening for food, the basics of nutrition, 2-4 and how that knowledge benefits their health and economic security. 2-5 Sec. 2310.005. FOOD GROWN IN GARDENS. Food grown in 2-6 community food gardens may not be sold for individual profit but 2-7 may be: 2-8 (1) donated to local food banks or kitchens that serve 2-9 persons at risk for hunger; 2-10 (2) donated to local families at risk for hunger; or 2-11 (3) in an area that is not served by a for-profit 2-12 farmers market, sold to the general public with the proceeds of the 2-13 sales used to benefit the continued operation of the gardens. 2-14 Sec. 2310.006. PARTICIPATION BY YOUTH COMMISSION AND 2-15 DEPARTMENT OF CRIMINAL JUSTICE; COMMUNITY SERVICE. (a) The Texas 2-16 Youth Commission and the Texas Department of Criminal Justice shall 2-17 participate in the program by encouraging when feasible the 2-18 planting of community gardens at residential or correctional 2-19 facilities under the commission's or department's jurisdiction. 2-20 (b) One-half of the food grown at a participating facility 2-21 shall be used by the facility and the other half shall be donated 2-22 to a nonprofit food bank or kitchen that serves persons at risk for 2-23 hunger. 2-24 (c) A juvenile or adult required by a court to perform hours 2-25 of community service may be allowed to credit hours worked in any 2-26 community garden established under this chapter toward the required 2-27 number of community service hours. 2-28 Sec. 2310.007. FARMERS MARKETS. (a) The task force may 2-29 select suitable underutilized state property on which an 2-30 association of farmers or a nonprofit organization approved by the 2-31 task force may establish a farmers market for the purpose of 2-32 selling locally grown fresh produce directly to consumers, if: 2-33 (1) the task force determines that this would increase 2-34 food security in the area; and 2-35 (2) the area is not already served by a for-profit 2-36 farmers market. 2-37 (b) The General Land Office may lease the land to the 2-38 association or organization for a nominal amount for this purpose. 2-39 Sec. 2310.008. TRANSACTIONS RELATED TO LAND. (a) On behalf 2-40 of the task force, the state, and any affected state agency, the 2-41 General Land Office may if necessary execute leases, contracts, or 2-42 other transactions related to land to accomplish the purposes of 2-43 this chapter. 2-44 (b) The procedures of Subchapters E and I, Chapter 31, 2-45 Natural Resources Code, do not apply to the leases, contracts, or 2-46 other transactions. 2-47 Sec. 2310.009. INFORMATION ABOUT PROGRAM. The Texas 2-48 Agricultural Extension Service shall include periodically revised 2-49 information about the task force's program, when appropriate, as 2-50 part of the service's own programs. 2-51 Sec. 2310.010. REPORT. Not later than October 1 of each 2-52 year, the task force shall report the results of its efforts to the 2-53 governor, lieutenant governor, and speaker of the house of 2-54 representatives. 2-55 SECTION 2. The importance of this legislation and the 2-56 crowded condition of the calendars in both houses create an 2-57 emergency and an imperative public necessity that the 2-58 constitutional rule requiring bills to be read on three several 2-59 days in each house be suspended, and this rule is hereby suspended, 2-60 and that this Act take effect and be in force from and after its 2-61 passage, and it is so enacted. 2-62 * * * * *