77R10524 YDB-D
By Flores H.B. No. 2443
Substitute the following for H.B. No. 2443:
By Swinford C.S.H.B. No. 2443
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Food for Health Advisory Council.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 3, Agriculture Code, is amended by adding
1-5 Chapter 50A to read as follows:
1-6 CHAPTER 50A. TEXAS FOOD FOR HEALTH ADVISORY COUNCIL
1-7 Sec. 50A.001. PURPOSE. The purpose of the Texas Food for
1-8 Health Advisory Council is to:
1-9 (1) coordinate food-for-health research programs in
1-10 this state;
1-11 (2) promote the use of food-for-health research
1-12 programs by fruit and vegetable growers and state and federal
1-13 agencies;
1-14 (3) promote increased consumption of fruits and
1-15 vegetables grown in this state; and
1-16 (4) coordinate research in an effort to produce more
1-17 nutritious fruits and vegetables.
1-18 Sec. 50A.002. DEFINITION. In this chapter, "council" means
1-19 the Texas Food for Health Advisory Council.
1-20 Sec. 50A.003. SUNSET PROVISION. The Texas Food for Health
1-21 Advisory Council is subject to Chapter 325, Government Code (Texas
1-22 Sunset Act). Unless continued in existence as provided by that
1-23 chapter, the council is abolished and this chapter expires
1-24 September 1, 2005.
2-1 Sec. 50A.004. COMPOSITION. (a) The council is composed of
2-2 the following nine members:
2-3 (1) eight members who are appointed jointly by the
2-4 commissioner of public health and the vice chancellor for The Texas
2-5 A&M University System Agriculture Program; and
2-6 (2) one member who is a representative of the
2-7 Department of Agriculture and is appointed by the commissioner of
2-8 agriculture.
2-9 (b) At least four members of the council who are appointed
2-10 under Subsection (a)(1) must each represent one of the following:
2-11 (1) the horticulture industry;
2-12 (2) the nutrition industry;
2-13 (3) the produce industry; or
2-14 (4) a local, county, or state health agency.
2-15 Sec. 50A.005. TERMS. Members of the council serve staggered
2-16 six-year terms, with the terms of three members expiring on January
2-17 1 of each odd-numbered year.
2-18 Sec. 50A.006. PRESIDING OFFICER. The commissioner of public
2-19 health and the vice chancellor for The Texas A&M University System
2-20 Agriculture Program may jointly appoint the presiding officer or
2-21 may authorize the council members to elect a presiding officer from
2-22 among the members of the council.
2-23 Sec. 50A.007. MEETINGS. The council shall meet at least once
2-24 each calendar quarter at a time and place designated by the
2-25 presiding officer.
2-26 Sec. 50A.008. STAFF; ADMINISTRATION. (a) The council is
2-27 administratively attached to the Texas Agricultural Experiment
3-1 Station.
3-2 (b) The Texas Agricultural Experiment Station shall provide
3-3 support staff to serve the council.
3-4 (c) The council may retain general counsel to assist in the
3-5 organization of the council and the adoption of procedures for
3-6 awarding contracts.
3-7 Sec. 50A.009. APPLICABLE LAW. The council is subject to the
3-8 open meetings law, Chapter 551, Government Code, and the
3-9 administrative procedure law, Chapter 2001, Government Code.
3-10 Sec. 50A.010. DUTIES. (a) The council shall:
3-11 (1) adopt procedures as necessary to administer this
3-12 chapter, including procedures for awarding contracts under this
3-13 chapter;
3-14 (2) issue requests for research proposals and award
3-15 grants:
3-16 (A) to enhance the health benefits of fruits and
3-17 vegetables; or
3-18 (B) to help growers maximize crop yields through
3-19 applied research;
3-20 (3) develop educational materials that promote the
3-21 benefits of consuming fruits and vegetables; and
3-22 (4) in cooperation with the Texas Agricultural
3-23 Experiment Station, The Texas A&M University System, Texas Tech
3-24 University, The University of Texas System, Texas Woman's
3-25 University, state agencies, and produce associations, develop
3-26 innovative educational programs related to appropriate and safe
3-27 methods of storing, preparing, and serving fresh produce.
4-1 (b) The council may:
4-2 (1) issue requests for proposals as necessary to
4-3 administer this chapter; or
4-4 (2) publish educational materials or other materials
4-5 developed in conjunction with employees of the Texas Agricultural
4-6 Experiment Station, The Texas A&M University System, Texas Tech
4-7 University, The University of Texas System, or Texas Woman's
4-8 University.
4-9 Sec. 50A.011. FINANCES. (a) The council may accept, for the
4-10 purposes of this chapter, gifts and grants from public and private
4-11 sources, subject only to limitations contained in the gift or
4-12 grant.
4-13 (b) Funds appropriated for the purposes of this chapter
4-14 shall be expended at the direction of the council on grants
4-15 approved by a majority of the council.
4-16 Sec. 50A.012. REPORTING. (a) The Texas Agricultural
4-17 Experiment Station shall prepare annually a complete and detailed
4-18 written report about:
4-19 (1) all funds received and disbursed by the council
4-20 during the preceding fiscal year;
4-21 (2) the council's progress through funded projects in
4-22 improving the health benefits of produce grown in this state;
4-23 (3) the development of an information system or
4-24 network to share health benefit information with state agencies
4-25 responsible for feeding programs and for distributing dietary
4-26 information to consumers in this state; and
4-27 (4) recommendations for improving the health of
5-1 consumers through increased consumption of this state's produce.
5-2 (b) The part of the annual report required by Subsection
5-3 (a)(1) must meet the reporting requirements applicable to financial
5-4 reporting provided in the General Appropriations Act.
5-5 (c) The annual report shall be submitted to the governor,
5-6 the lieutenant governor, the speaker of the house of
5-7 representatives, the commissioner of agriculture, the commissioner
5-8 of public health, and the vice chancellor for The Texas A&M
5-9 University System Agriculture Program.
5-10 Sec. 50A.013. DEPARTMENT OF AGRICULTURE. The Department of
5-11 Agriculture shall serve as a resource and in an advisory capacity
5-12 to the council.
5-13 SECTION 2. (a) This Act takes effect September 1, 2001.
5-14 (b) As soon as practicable after the effective date of this
5-15 Act, the commissioner of public health and the vice chancellor for
5-16 The Texas A&M University System Agriculture Program shall jointly
5-17 appoint eight members and the commissioner of agriculture shall
5-18 appoint one member to serve on the Texas Food for Health Advisory
5-19 Council created under Chapter 50A, Agriculture Code, as added by
5-20 this Act. The terms of three members, determined by lot, expire
5-21 January 1, 2003. The terms of three members, determined by lot,
5-22 expire January 1, 2005. The terms of the remaining three members
5-23 expire January 1, 2007.