By: Rodriguez, Lucio III, Leibowitz, H.B. No. 482

Martinez, Farias, et al.

A BILL TO BE ENTITLED

AN ACT

relating to programs to increase the availability of fresh produce to, and the purchase and consumption of fresh produce by, certain low-income individuals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Agriculture Code, is amended by adding Chapters 23 and 24 to read as follows:

CHAPTER 23. SMALL RETAILERS COMPETITIVE GRANT PILOT PROGRAM

Sec. 23.001. DEFINITIONS. In this chapter:

(1) "Fresh produce" means fresh fruits and vegetables.

(2) "Program" means the small retailers competitive grant pilot program established under this chapter.

(3) "Rural county" has the meaning assigned by Section 487.701, Government Code, as added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature, Regular Session, 2007.

Sec. 23.002. ESTABLISHMENT OF SMALL RETAILERS COMPETITIVE GRANT PILOT PROGRAM. (a) Subject to available funding, the department shall develop and implement a small retailers competitive grant pilot program through which the department will award grants to small retailers in certain low-income communities in this state to increase the access to fresh produce by individuals in those communities.

(b) The department by rule shall define "small retailer" for purposes of this chapter.

(c) The department shall select at least two urban and at least two rural counties in which to operate the program. To be selected, a county must:

(1) have at least 75,000 residents who have net family incomes below 100 percent of the federal poverty level; or

(2) have a poverty rate above the statewide average.

Sec. 23.003. ADVERTISEMENT. Before issuing a request for proposals or awarding a grant under this chapter, the department shall advertise the program by:

(1) posting information about the program on the department's Internet website; and

(2) as the department determines appropriate, distributing information about the program to food retailer associations, fresh produce associations, chambers of commerce, and other membership organizations with members that are small retailers.

Sec. 23.004. ELIGIBILITY. (a) A small retailer is eligible to apply for a grant under the program if:

(1) the small retailer's place of business is located within a county in which the department operates the program;

(2) there is no other retailer of fresh produce within a one-mile radius of the small retailer's place of business on the date of the application; and

(3) each owner of the small retailer who is a natural person is a United States citizen or legal resident of the United States.

(b) In determining eligibility under Subsection (a)(3) the department is not authorized to enforce federal immigration laws.

Sec. 23.005. USE OF AWARDED GRANT MONEY. A grant recipient may use grant money awarded under the program only to cover costs that are approved by the department, which may include costs related to:

(1) training employees regarding the proper storage of fresh produce;

(2) training employees regarding the marketing of fresh produce;

(3) obtaining marketing materials, including signage and flyers;

(4) obtaining refrigeration units for the storage of fresh produce; and

(5) obtaining technical assistance regarding refrigeration units and other equipment required to store fresh produce.

Sec. 23.006. GRANT RECIPIENT REPORTING REQUIREMENTS. A grant recipient shall report information related to the program to the department in the form and manner and at regular intervals as prescribed by the department. Each report must include the following information for the period covered by the report:

(1) the amount of fresh produce that was added to the recipient's inventory as a result of the grant;

(2) the amount of monthly gross receipts earned from the sale of fresh produce; and

(3) a detailed accounting of how the grant money was spent.

Sec. 23.007. EVALUATION BY DEPARTMENT. The department shall monitor and periodically evaluate:

(1) the performance of each grant recipient under the program;

(2) how each grant recipient uses the grant money awarded under the program; and

(3) the effect of the program on the ability of the grant recipient to include fresh produce in the grant recipient's inventory.

Sec. 23.008. FUNDING. (a) The department shall seek and apply for any available federal funding, including federal matching funds, to assist with financing the program.

(b) The department may solicit and accept grants, gifts, and donations from any public or private source for the purposes of this chapter.

Sec. 23.009. REPORT TO LEGISLATURE. Not later than December 1, 2010, the department shall submit an initial report to the legislature that includes:

(1) an evaluation of the performance and operation of the program; and

(2) recommendations on the continuation, elimination, or expansion of the program.

Sec. 23.010. EXPIRATION. This chapter expires September 1, 2011.

CHAPTER 24. FARMERS' MARKET NUTRITION PROGRAM FOR SENIORS

Sec. 24.001. DEFINITION. In this chapter, "program" means the farmers' market nutrition program for seniors established under this chapter.

Sec. 24.002. ESTABLISHMENT OF FARMERS' MARKET NUTRITION PROGRAM FOR SENIORS. Subject to available federal funding, the department shall establish and implement a farmers' market nutrition program for seniors in accordance with 7 U.S.C. Section 3007 to provide low-income persons who are 60 years of age or older with fresh fruits, vegetables, and herbs through farmers' markets and other local venues.

Sec. 24.003. FUNDING. The department shall seek and apply for any available federal funding to finance the program.

Sec. 24.004. RULES. The department shall adopt rules necessary to implement the program.

SECTION 2. If funding is available, not later than January 1, 2010, the Department of Agriculture shall implement the small retailers competitive grant pilot program established under Chapter 23, Agriculture Code, as added by this Act.

SECTION 3. As soon as practicable after the completion of the small retailers competitive grant pilot program implemented under Chapter 23, Agriculture Code, as added by this Act, but not later than November 1, 2011, if that program is implemented, the Department of Agriculture shall submit a final report to the legislature that includes an overall evaluation of the performance and operation of the program.

SECTION 4. As soon as practicable, the Department of Agriculture shall apply for and actively pursue federal funding to implement the farmers' market nutrition program for seniors established under Chapter 24, Agriculture Code, as added by this Act. The department shall delay implementing the program until the federal funding applied for under this section is granted.

SECTION 5. This Act takes effect September 1, 2009.