SRC-MKV S.B. 1454 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1454
77R8064 YDB-FBy: Lucio
Natural Resources
4/2/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1454 creates the Food for Health Advisory Council
(council) under the Texas Agriculture Code.  The purpose of the council is
to develop better coordination among food for health research programs in
Texas, including research to create more nutritious produce and to assist
in improved utilization of these programs by fruit and vegetable growers
and state agencies.  The council will promote increased consumption of
Texas fruits and vegetables, specifically as it relates to the benefit of
avoiding heart disease, stroke, atherosclerosis, diabetes mellitus,
periodontal disease, certain kinds of cancer, obesity, and other
nutrition-related diseases.  The council will focus on enhancing the health
benefits of fruit and vegetables grown in Texas, developing and
disseminating health messages to the public, providing health benefit
training and education, and assisting with applied research for growers. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3, Agriculture Code, by adding Chapter 50A, as
follows: 

CHAPTER 50A.  TEXAS FOOD FOR HEALTH ADVISORY COUNCIL

Sec. 50A.001.  PURPOSE.  Provides that the purpose of the Texas Food for
Health Advisory Council is to coordinate food-for-health programs in this
state, promote the use of food-forhealth research programs by fruit and
vegetable growers and state and federal agencies, promote increased
consumption of fruits and vegetables grown in this state, and coordinate
research in an effort to produce more nutritious fruits and vegetables.  

Sec. 50A.002.  DEFINITION.  Defines "council" to mean the Texas Food for
Health Advisory Council. 

Sec. 50A.003.  SUNSET.  Provides that the council is subject to Chapter 325
(Texas Sunset Act), Government Code.  Provides that unless in existence as
provided by that chapter, the council is abolished September 1, 2005. 

 Sec. 50A.004.  COMPOSITION.  Sets forth the composition of the council.

Sec. 50A.005.  TERMS.  Provides that members of the council serve staggered
six-year terms with the terms of three members expiring on January 1 of
each odd-numbered year. 

Sec. 50A.006.  PRESIDING OFFICER.  Authorizes the commissioner of public
health and the vice chancellor for the Texas A&M University System
Agriculture Program to jointly appoint the presiding officer or authorize
the council members to elect a presiding officer from  among the members of
the council.  

Sec. 50A.007.  MEETINGS.  Requires the council to meet at least once each
calendar quarter at a time and place designated by the presiding officer. 

Sec. 50A.008.  STAFF; ADMINISTRATION.  (a) Provides that the council is
administratively attached to the Texas Agriculture Experiment Station
(station). 

  (b) Requires the station to provide support staff to serve the council.

(c) Authorizes the council to retain general counsel to assist in the
organization of the council and the adoption of procedures for awarding
contracts. 

Sec. 50A.009.  APPLICABLE LAW.  Provides that the council is subject to the
open meeting law, Chapter 551, Government Code, and the administrative
procedure law, Chapter 2001, Government Code. 

Sec. 50A.010.  DUTIES.  Sets forth the duties the council is required to
carry out and those the council is authorized to undertake. 

Sec. 50A.011.  FINANCES; REPORTING.  (a) Requires the station to prepare
annually a complete and detailed written report accounting for all funds
received and disbursed by the council during the preceding fiscal year.
Requires the annual report to meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act. 

(b) Requires the annual report to be submitted to the governor, the
lieutenant governor, the speaker of the house of representatives, the
commissioner of the Texas Department of Agriculture, the commissioner of
public health, and the vice chancellor for The Texas A&M University System
Agriculture Program.   

(c) Authorizes the commission to accept, for the purposes of this chapter,
gifts and grants from public and private sources, subject only to
limitations contained in the gift or grant. 

(d) Requires funds appropriated for the purposes of this chapter to be
expended at the direction of the council on grants approved by a majority
of the council. 

SECTION 2.  (a) Effective date: September 1, 2001.

(b) Requires the commissioner of public health and the vice chancellor for
The Texas A&M University System Agriculture Program, as soon as practicable
after the effective date of this Act, to jointly appoint nine members to
serve on the council, created under Chapter 50A, Agriculture Code, as added
by this Act.  Provides that the terms of three members, determined by lot,
expire January 1, 2003; the terms of three members, determined by lot,
expire January 1, 2005; and the terms of the remaining three members expire
January 1, 2007.