By Flores H.B. No. 2443
77R8064 YDB-F
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. The Texas Food for Health Advisory
1-21 Council is subject to Chapter 325, Government Code (Texas Sunset
1-22 Act). Unless continued in existence as provided by that chapter,
1-23 the council is abolished September 1, 2005.
1-24 Sec. 50A.004. COMPOSITION. (a) The council is composed of
2-1 nine members appointed jointly by the commissioner of public health
2-2 and the vice chancellor for The Texas A&M University System
2-3 Agriculture Program.
2-4 (b) At least four members of the council must each represent
2-5 one of the following:
2-6 (1) the horticulture industry;
2-7 (2) the nutrition industry;
2-8 (3) the produce industry; or
2-9 (4) a local, county, or state health agency.
2-10 Sec. 50A.005. TERMS. Members of the council serve staggered
2-11 six-year terms with the terms of three members expiring on January
2-12 1 of each odd-numbered year.
2-13 Sec. 50A.006. PRESIDING OFFICER. The commissioner of public
2-14 health and the vice chancellor for The Texas A&M University System
2-15 Agriculture Program may jointly appoint the presiding officer or
2-16 may authorize the council members to elect a presiding officer from
2-17 among the members of the council.
2-18 Sec. 50A.007. MEETINGS. The council shall meet at least once
2-19 each calendar quarter at a time and place designated by the
2-20 presiding officer.
2-21 Sec. 50A.008. STAFF; ADMINISTRATION. (a) The council is
2-22 administratively attached to the Texas Agriculture Experiment
2-23 Station.
2-24 (b) The Texas Agriculture Experiment Station shall provide
2-25 support staff to serve the council.
2-26 (c) The council may retain general counsel to assist in the
2-27 organization of the council and the adoption of procedures for
3-1 awarding contracts.
3-2 Sec. 50A.009. APPLICABLE LAW. The council is subject to the
3-3 open meetings law, Chapter 551, Government Code, and the
3-4 administrative procedure law, Chapter 2001, Government Code.
3-5 Sec. 50A.010. DUTIES. (a) The council shall:
3-6 (1) adopt procedures as necessary to administer this
3-7 chapter, including procedures for awarding contracts under this
3-8 chapter;
3-9 (2) issue requests for research proposals and award
3-10 grants:
3-11 (A) to enhance the health benefits of fruits and
3-12 vegetables; or
3-13 (B) to help growers maximize crop yields through
3-14 applied research;
3-15 (3) develop educational materials that promote the
3-16 benefits of consuming fruits and vegetables; and
3-17 (4) in cooperation with the Texas Agriculture
3-18 Experiment Station, The Texas A&M University System, Texas Tech
3-19 University, The University of Texas System, Texas Women's
3-20 University, state agencies, and produce associations, develop
3-21 innovative educational programs related to appropriate and safe
3-22 methods of storing, preparing, and serving fresh produce.
3-23 (b) The council may:
3-24 (1) issue requests for proposals as necessary to
3-25 administer this chapter; or
3-26 (2) publish educational materials or other materials
3-27 developed in conjunction with employees of the Texas Agriculture
4-1 Experiment Station, The Texas A&M University System, Texas Tech
4-2 University, The University of Texas System, or Texas Women's
4-3 University.
4-4 Sec. 50A.011. FINANCES; REPORTING. (a) The Texas
4-5 Agriculture Experiment Station shall prepare annually a complete
4-6 and detailed written report accounting for all funds received and
4-7 disbursed by the council during the preceding fiscal year. The
4-8 annual report must meet the reporting requirements applicable to
4-9 financial reporting provided in the General Appropriations Act.
4-10 (b) The annual report shall be submitted to the governor,
4-11 the lieutenant governor, the speaker of the house of
4-12 representatives, the commissioner of the Texas Department of
4-13 Agriculture, the commissioner of public health, and the vice
4-14 chancellor for The Texas A&M University System Agriculture Program.
4-15 (c) The commission may accept, for the purposes of this
4-16 chapter, gifts and grants from public and private sources, subject
4-17 only to limitations contained in the gift or grant.
4-18 (d) Funds appropriated for the purposes of this chapter
4-19 shall be expended at the direction of the council on grants
4-20 approved by a majority of the council.
4-21 SECTION 2. (a) This Act takes effect September 1, 2001.
4-22 (b) As soon as practicable after the effective date of this
4-23 Act, the commissioner of public health and the vice chancellor for
4-24 The Texas A&M University System Agriculture Program shall jointly
4-25 appoint nine members to serve on the Texas Food for Health Advisory
4-26 Council, created under Chapter 50A, Agriculture Code, as added by
4-27 this Act. The terms of three members, determined by lot, expire
5-1 January 1, 2003. The terms of three members, determined by lot,
5-2 expire January 1, 2005. The terms of the remaining three members
5-3 expire January 1, 2007.