84R25437 AJZ-D

By: Muñoz, Jr. H.B. No. 1202

Substitute the following for H.B. No. 1202:

By: González C.S.H.B. No. 1202

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the community nutrition program policy advisory council.

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

SECTION 1. Title 2, Agriculture Code, is amended by adding Chapter 26 to read as follows:

CHAPTER 26. COMMUNITY NUTRITION PROGRAM POLICY ADVISORY COUNCIL

Sec. 26.001. DEFINITION. In this chapter, "advisory council" means the community nutrition program policy advisory council.

Sec. 26.002. ADVISORY COUNCIL ESTABLISHED. The community nutrition program policy advisory council is an advisory council established to support the goals, initiatives, and policies of the department's food and nutrition division.

Sec. 26.003. APPOINTMENT OF MEMBERS; TERMS. (a) The advisory council is composed of five members appointed by the commissioner as follows:

(1) two members representing the community organizations that contract with the Child and Adult Care Food Program, including:

(A) one member that provides services to child care centers; and

(B) one member that provides services to day care home providers; and

(2) one member representing the community organizations that contract with the summer food service program under 42 U.S.C. Section 1761;

(3) one member representing the community organizations that contract with the commodity supplemental food program under 7 C.F.R. Part 247; and

(4) one member who serves as the president of the Texas CACFP Sponsor's Association.

(b) In making the appointments required under Subsection (a), the commissioner shall:

(1) give preference to individuals who are professional educators or child care providers, individuals who have experience and expertise in an area of interest to the advisory council, and individuals who display a commitment to excellence in the administration of community nutrition programs; and

(2) attempt to appoint a balance of members representing business, labor, civic, educational, parental, and professional groups, while striving for diversity and geographic representation.

(c) The commissioner, in consultation with the chief administrator of the food and nutrition division of the department, shall appoint a chair from among the members. The advisory council members may elect a vice chair.

(d) Members of the advisory council serve staggered terms of three years.

Sec. 26.004. DUTIES. (a) To improve community nutrition programs in this state, the advisory council shall:

(1) advise the department on policy, rules, and program operations, including program recommendations for meeting federal or state requirements;

(2) advise the department on program materials;

(3) identify training priorities for the department;

(4) propose solutions to address gaps, flaws, inefficiencies, or problems in the state's administration of nutrition programs;

(5) develop and implement a plan for improving relationships between entities that contract with the department and other state agencies in connection with the state's nutrition policies and programs, including establishing best practices for department cooperation and collaboration with entities that contract with the department;

(6) identify and address duplication of services provided by entities that contract with the department; and

(7) advise the commissioner and the department's chief administrator of food and nutrition on nutrition policy priorities, including priorities for the use and allocation of federal money and recommendations for the food and nutrition division regarding the allocation of federal money.

(b) The advisory council shall conduct a review of the state's nutrition policies and programs. The advisory council may meet with representatives of the state agencies that administer the nutrition programs as necessary to conduct the review.

(c) The commissioner may direct the advisory council to focus the advisory council's efforts in particular areas that will inform the efforts of the department.

Sec. 26.005. LIAISON. (a) The chief administrator of the department's food and nutrition division shall appoint a staff member to serve as the advisory council's liaison.

(b) The liaison shall:

(1) facilitate communications between the advisory council and the department;

(2) post advisory council meeting notices and other information on the advisory council's website; and

(3) attend each advisory council meeting.

Sec. 26.006. MEETINGS OF ADVISORY COUNCIL. (a) The advisory council shall meet at times and locations as determined by the chair, not to exceed four meetings per year.

(b) Advisory council members may not participate remotely in a meeting by telephone conference call, videoconference, or other similar telecommunications methods permitted under Chapter 551, Government Code.

(c) The advisory council shall keep minutes of the advisory council's meetings and any subcommittee meetings and shall post the minutes on the advisory council's website.

(d) The chair, in consultation with the liaison, shall prepare a meeting agenda, if necessary.

(e) The chair may share meeting agendas, minutes, and notices with members of the advisory council by telephone, e-mail, or fax.

(f) The advisory council must maintain advisory council records in accordance with state and department record retention schedules.

(g) Records of the advisory council are public information subject to disclosure under Chapter 552, Government Code.

Sec. 26.007. ANNUAL REPORT. Not later than September 30 of each year, the advisory council shall submit an annual report to the commissioner on:

(1) current issues in the field of community nutrition programs relevant to the department's goals and strategic initiatives;

(2) the advisory council's efforts to support the goals and objectives of the department;

(3) the advisory council's review of nutrition policies and programs conducted under Section 26.004(b); and

(4) recommendations for the department, including any proposed legislative, rule, or policy changes for improving community nutrition programs.

Sec. 26.008. REIMBURSEMENT. An advisory council member is not entitled to compensation but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the advisory council.

Sec. 26.009. SUNSET PROVISION. The advisory council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory council is abolished and this chapter expires September 1, 2021.

Sec. 26.010. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory council.

SECTION 2. Not later than October 1, 2015, the commissioner of agriculture shall appoint the members of the community nutrition program policy advisory council established by Chapter 26, Agriculture Code, as added by this Act. In appointing the initial members of the advisory council, the commissioner shall appoint two persons to terms expiring October 1, 2016, two persons to terms expiring October 1, 2017, and one person to a term expiring October 1, 2018.

SECTION 3. 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, 2015.