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.