1-1 By: Lucio S.B. No. 1454 1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 5, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; April 5, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1454 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the Texas Food for Health Advisory Council. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Title 3, Agriculture Code, is amended by adding 1-13 Chapter 50A to read as follows: 1-14 CHAPTER 50A. TEXAS FOOD FOR HEALTH ADVISORY COUNCIL 1-15 Sec. 50A.001. PURPOSE. The purpose of the Texas Food for 1-16 Health Advisory Council is to: 1-17 (1) coordinate food-for-health research programs in 1-18 this state; 1-19 (2) promote the use of food-for-health research 1-20 programs by fruit and vegetable growers and state and federal 1-21 agencies; 1-22 (3) promote increased consumption of fruits and 1-23 vegetables grown in this state; and 1-24 (4) coordinate research in an effort to produce more 1-25 nutritious fruits and vegetables. 1-26 Sec. 50A.002. DEFINITION. In this chapter, "council" means 1-27 the Texas Food for Health Advisory Council. 1-28 Sec. 50A.003. SUNSET PROVISION. The Texas Food for Health 1-29 Advisory Council is subject to Chapter 325, Government Code (Texas 1-30 Sunset Act). Unless continued in existence as provided by that 1-31 chapter, the council is abolished and this chapter expires 1-32 September 1, 2005. 1-33 Sec. 50A.004. COMPOSITION. (a) The council is composed of 1-34 the following nine members: 1-35 (1) eight members who are appointed jointly by the 1-36 commissioner of public health and the vice chancellor for The Texas 1-37 A&M University System Agriculture Program; and 1-38 (2) one member who is a representative of the 1-39 Department of Agriculture and is appointed by the commissioner of 1-40 agriculture. 1-41 (b) At least four members of the council who are appointed 1-42 under Subsection (a)(1) must each represent one of the following: 1-43 (1) the horticulture industry; 1-44 (2) the nutrition industry; 1-45 (3) the produce industry; or 1-46 (4) a local, county, or state health agency. 1-47 Sec. 50A.005. TERMS. Members of the council serve staggered 1-48 six-year terms, with the terms of three members expiring on January 1-49 1 of each odd-numbered year. 1-50 Sec. 50A.006. PRESIDING OFFICER. The commissioner of public 1-51 health and the vice chancellor for The Texas A&M University System 1-52 Agriculture Program may jointly appoint the presiding officer or 1-53 may authorize the council members to elect a presiding officer from 1-54 among the members of the council. 1-55 Sec. 50A.007. MEETINGS. The council shall meet at least 1-56 once each calendar quarter at a time and place designated by the 1-57 presiding officer. 1-58 Sec. 50A.008. STAFF; ADMINISTRATION. (a) The council is 1-59 administratively attached to the Texas Agricultural Experiment 1-60 Station. 1-61 (b) The Texas Agricultural Experiment Station shall provide 1-62 support staff to serve the council. 1-63 (c) The council may retain general counsel to assist in the 1-64 organization of the council and the adoption of procedures for 2-1 awarding contracts. 2-2 Sec. 50A.009. APPLICABLE LAW. The council is subject to the 2-3 open meetings law, Chapter 551, Government Code, and the 2-4 administrative procedure law, Chapter 2001, Government Code. 2-5 Sec. 50A.010. DUTIES. (a) The council shall: 2-6 (1) adopt procedures as necessary to administer this 2-7 chapter, including procedures for awarding contracts under this 2-8 chapter; 2-9 (2) issue requests for research proposals and award 2-10 grants: 2-11 (A) to enhance the health benefits of fruits and 2-12 vegetables; or 2-13 (B) to help growers maximize crop yields through 2-14 applied research; 2-15 (3) develop educational materials that promote the 2-16 benefits of consuming fruits and vegetables; and 2-17 (4) in cooperation with the Texas Agricultural 2-18 Experiment Station, The Texas A&M University System, Texas Tech 2-19 University, The University of Texas System, Texas Woman's 2-20 University, state agencies, and produce associations, develop 2-21 innovative educational programs related to appropriate and safe 2-22 methods of storing, preparing, and serving fresh produce. 2-23 (b) The council may: 2-24 (1) issue requests for proposals as necessary to 2-25 administer this chapter; or 2-26 (2) publish educational materials or other materials 2-27 developed in conjunction with employees of the Texas Agricultural 2-28 Experiment Station, The Texas A&M University System, Texas Tech 2-29 University, The University of Texas System, or Texas Woman's 2-30 University. 2-31 Sec. 50A.011. FINANCES. (a) The council may accept, for 2-32 the purposes of this chapter, gifts and grants from public and 2-33 private sources, subject only to limitations contained in the gift 2-34 or grant. 2-35 (b) Funds appropriated for the purposes of this chapter 2-36 shall be expended at the direction of the council on grants 2-37 approved by a majority of the council. 2-38 Sec. 50A.012. REPORTING. (a) The Texas Agricultural 2-39 Experiment Station shall prepare annually a complete and detailed 2-40 written report about: 2-41 (1) all funds received and disbursed by the council 2-42 during the preceding fiscal year; 2-43 (2) the council's progress through funded projects in 2-44 improving the health benefits of produce grown in this state; 2-45 (3) the development of an information system or 2-46 network to share health benefit information with state agencies 2-47 responsible for feeding programs and for distributing dietary 2-48 information to consumers in this state; and 2-49 (4) recommendations for improving the health of 2-50 consumers through increased consumption of this state's produce. 2-51 (b) The part of the annual report required by Subsection 2-52 (a)(1) must meet the reporting requirements applicable to financial 2-53 reporting provided in the General Appropriations Act. 2-54 (c) The annual report shall be submitted to the governor, 2-55 the lieutenant governor, the speaker of the house of 2-56 representatives, the commissioner of agriculture, the commissioner 2-57 of public health, and the vice chancellor for The Texas A&M 2-58 University System Agriculture Program. 2-59 Sec. 50A.013. DEPARTMENT OF AGRICULTURE. The Department of 2-60 Agriculture shall serve as a resource and in an advisory capacity 2-61 to the council. 2-62 SECTION 2. (a) This Act takes effect September 1, 2001. 2-63 (b) As soon as practicable after the effective date of this 2-64 Act, the commissioner of public health and the vice chancellor for 2-65 The Texas A&M University System Agriculture Program shall jointly 2-66 appoint eight members and the commissioner of agriculture shall 2-67 appoint one member to serve on the Texas Food for Health Advisory 2-68 Council created under Chapter 50A, Agriculture Code, as added by 2-69 this Act. The terms of three members, determined by lot, expire 3-1 January 1, 2003. The terms of three members, determined by lot, 3-2 expire January 1, 2005. The terms of the remaining three members 3-3 expire January 1, 2007. 3-4 * * * * *