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.