By: Nelson, Uresti S.B. No. 344

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of an advisory committee to study the acceptance at farmers markets of food stamps and benefits under the women, infants, and children supplemental food program.

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

SECTION 1. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) In this Act:

(1) "Farmers market" means a location at which a group of two or more farmers that are certified under the Department of Agriculture's farmers market certification program offer produce for retail sale.

(2) "Food stamp program" means the program operated under 7 U.S.C. Chapter 51 and administered under Chapter 33, Human Resources Code.

(3) "W.I.C. program" means the federal special supplemental food program for women, infants, and children administered by the Department of State Health Services.

(b) The executive commissioner of the Health and Human Services Commission and the commissioner of the Department of Agriculture shall jointly establish an advisory committee to study and provide recommendations to the legislature regarding the incorporation and use of food stamps and W.I.C. program benefits at farmers markets in the state.

(c) The advisory committee consists of nine members appointed as follows:

(1) the commissioner of the Department of Agriculture shall appoint four representatives of farmers market vendors, with two members representing urban farmers markets and two members representing rural farmers markets or roadside stands; and

(2) the executive commissioner of the Health and Human Services Commission shall appoint:

(A) one representative of an advocacy group for W.I.C. program recipients, such as a charity or consumer group;

(B) one representative of an advocacy group for food stamp recipients, such as a charity or consumer group;

(C) one representative of staff at W.I.C. program clinics;

(D) one representative of a health and human services agency who is a subject matter expert on the W.I.C. program; and

(E) one representative of a health and human services agency who is a subject matter expert on the food stamp program.

(d) An advisory committee member is not entitled to reimbursement of expenses or to compensation.

(e) The advisory committee shall meet within 30 days after the date the initial appointments have been made and shall select a presiding officer. The committee shall meet regularly as necessary.

(f) The advisory committee shall:

(1) study the costs and benefits of incorporating food stamp and W.I.C. program benefits at farmers markets for the purchase of fresh, local produce;

(2) determine the feasibility and cost of providing handheld scanners to farmers market vendors to accept electronic benefits transfer (EBT) cards;

(3) determine methods of marketing and outreach to farmers market vendors and food stamp and W.I.C. program participants to encourage the use of food stamps and W.I.C. program benefits to purchase fresh, local produce from farmers markets;

(4) study methods of funding the transition to farmers market participation in the food stamp and W.I.C. programs, including federal, state, and private funding; and

(5) perform other advisory duties as requested by the executive commissioner of the Health and Human Services Commission or the commissioner of the Department of Agriculture regarding the acceptance of food stamps and W.I.C. program benefits at farmers markets.

(g) The Department of Agriculture shall provide administrative support, including staff, for the advisory committee.

(h) Not later than September 1, 2010, the advisory committee shall submit to the legislature a report outlining the costs, benefits, and feasibility of incorporating food stamp and W.I.C. program benefits at farmers markets to purchase fresh, local produce.

SECTION 2. INAPPLICABILITY OF CERTAIN LAW. Chapter 2110, Government Code, does not apply to the advisory committee established under this Act.

SECTION 3. EXPIRATION. The advisory committee established under this Act is abolished and this Act expires September 1, 2011.

SECTION 4. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.