By Lucio                                              S.B. No. 1454
         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.