By Moreno of Harris                                   H.B. No. 2499
         76R7086 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 2312 to read as follows:
 1-8               CHAPTER 2312.  COMMUNITY NUTRITION TASK FORCE 
 1-9           Sec. 2312.001.  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. 2312.002.  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. 2312.003.  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. 2312.004.  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. 2312.005.  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. 2312.006.  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. 2312.007.  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. 2312.008.  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. 2312.009.  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. 2312.010.  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.