By: West, Blanco, Flores  S.B. No. 758
         (In the Senate - Filed February 7, 2023; March 1, 2023, read
  first time and referred to Committee on Water, Agriculture & Rural
  Affairs; April 28, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 28, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 758 By:  Blanco
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to food system security and resiliency planning.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Agriculture Code, is amended by adding
  Chapter 23 to read as follows:
  CHAPTER 23. FOOD SYSTEM SECURITY
         Sec. 23.001.  DEFINITIONS. In this chapter:
               (1)  "Council" means the Texas food system security and
  resiliency planning council.
               (2)  "Office" means:
                     (A)  the office of food system security and
  resiliency if that office is established as a division within the
  department by an Act of the 88th Legislature, Regular Session,
  2023; or
                     (B)  the food and nutrition division of the
  department if the office of food system security and resiliency is
  not established as a division within the department by an Act of the
  88th Legislature, Regular Session, 2023.
         Sec. 23.002.  TEXAS FOOD SYSTEM SECURITY AND RESILIENCY
  PLANNING COUNCIL. (a) The office shall establish the Texas food
  system security and resiliency planning council. The council is
  composed of the following members:
               (1)  three members appointed by the governor;
               (2)  three members appointed by the lieutenant
  governor;
               (3)  three members appointed by the speaker of the
  house of representatives;
               (4)  one member of the Texas Animal Health Commission
  appointed by the governor;
               (5)  one member appointed by the commissioner to
  represent food banks;
               (6)  two members appointed by the commissioner to
  represent agricultural producer organizations, marketing
  associations organized under Chapter 52, or farmers' cooperative
  societies incorporated under Chapter 51;
               (7)  the assistant commissioner of agriculture for the
  food and nutrition division as a nonvoting member;
               (8)  the director of the Texas A&M AgriLife Extension
  Service as a nonvoting member; and
               (9)  one nonvoting member appointed by the executive
  commissioner of the Health and Human Services Commission to
  represent the supplemental nutrition assistance program, the
  federal special supplemental nutrition program for women, infants,
  and children, and the supplemental nutrition assistance
  program-education.
         (b)  A person appointed under Subsection (a) must have
  experience in an industry or economic sector involving food
  production or food sales or in a related industry or economic
  sector.
         (c)  For the purpose of Subsection (a)(6), the Texas Farm
  Bureau is considered an agricultural producer organization.
         (d)  A council member serves at the pleasure of the
  appointing authority.
         (e)  The governor shall designate a chair of the council from
  the members the governor appoints.  The lieutenant governor shall
  designate a vice chair of the council from the members the
  lieutenant governor appoints.
         (f)  The council shall meet at least once quarterly or more
  frequently at the call of the chair.
         (g)  A member of the council is not entitled to compensation
  or reimbursement for expenses incurred in performing council
  duties.
         (h)  The council shall:
               (1)  give guidance to the office; and
               (2)  review the state food system security plan
  developed under Section 23.003.
         Sec. 23.003.  STATE FOOD SYSTEM SECURITY PLAN. (a) The
  office shall develop a state food system security plan. The plan
  must:
               (1)  provide for the orderly development and management
  of food system security throughout this state, including ensuring
  sufficient food is available at a reasonable cost to:
                     (A)  ensure public health, safety, and welfare;
                     (B)  further economic development; and
                     (C)  protect the agricultural and natural
  resources of this state;
               (2)  account for times of severe drought conditions,
  natural disasters, man-made disasters, or other calamities; and
               (3)  include legislative recommendations that are
  needed or desirable to facilitate the resilience and availability
  of food in this state.
         (b)  In developing the plan, the office shall seek the advice
  of:
               (1)  the Department of State Health Services; and
               (2)  the Parks and Wildlife Department.
         (c)  The office shall:
               (1)  review and revise as necessary the plan developed
  under Subsection (a) at least once every five years; and
               (2)  deliver the plan to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  chair of the appropriate committees in each house of the
  legislature.
         Sec. 23.004.  FOOD SYSTEM SECURITY PLANNING FUND. (a) In
  this section, "planning fund" means the food system security
  planning fund.
         (b)  The planning fund is a dedicated account in the general
  revenue fund and consists of:
               (1)  appropriations of money to the planning fund by
  the legislature;
               (2)  gifts, grants, including federal grants, and other
  donations received for the planning fund; and
               (3)  interest earned on the investment of money in the
  planning fund.
         (c)  The planning fund may be used only to administer the
  council under Section 23.002.
         (d)  The office may accept gifts, grants, or donations from
  any source that are made for the purposes of this section. Money
  received under this subsection shall be deposited in the planning
  fund.
         Sec. 23.005.  TEXAS FOOD SYSTEM SECURITY AND RESILIENCY
  GRANT PROGRAM. (a) In this section:
               (1)  "Eligible recipient" means:
                     (A)  a municipality;
                     (B)  a county;
                     (C)  a council of government;
                     (D)  a regional planning council;
                     (E)  an economic development corporation;
                     (F)  a transit authority;
                     (G)  a nonprofit or similar organization;
                     (H)  a farm or agricultural product or service
  cooperative;
                     (I)  a nonprofit farmers' market or grocery store;
  or
                     (J)  a micro-business as defined by Section
  2006.001, Government Code.
               (2)  "Grant fund" means the Texas food system security
  and resiliency projects fund.
         (b)  The grant fund is a dedicated account in the general
  revenue fund and consists of:
               (1)  appropriations of money to the grant fund by the
  legislature;
               (2)  gifts, grants, including federal grants, and other
  donations received for the grant fund; and
               (3)  interest earned on the investment of money in the
  grant fund.
         (c)  The office shall award grants to eligible recipients to
  increase food system security or resiliency in this state. To be
  eligible for a grant, a project must be related to food production,
  food system security, or food supply resiliency and have the
  ability to impact either an individual community or the production
  of a specific agricultural commodity. The department shall award
  grants to a variety of eligible recipients across this state.
         (d)  The grant fund may be used by the office only to:
               (1)  award grants under this section; and
               (2)  administer the grant program under this section.
         (e)  The amount of a grant awarded under this section may not
  be less than $10,000 or more than $250,000. The total amount of
  grants awarded under this section may not exceed $10 million.
         (f)  This section expires August 31, 2025.
         Sec. 23.006.  BIANNUAL REPORT. (a) The department shall
  report to the legislature biannually on the activities of the
  office and council. The report must contain a description of:
               (1)  the activities of the council under this chapter;
  and
               (2)  grants awarded under Section 23.005.
         (b)  This section expires January 14, 2025.
         Sec. 23.007.  RULES. The department shall adopt rules
  necessary to administer this chapter.
         SECTION 2.  (a) As soon as practicable after the effective
  date of this Act, the Department of Agriculture shall adopt rules
  and procedures as required to implement Chapter 23, Agriculture
  Code, as added by this Act.
         (b)  As soon as practicable after the adoption of rules and
  procedures under Subsection (a) of this section, the governor,
  lieutenant governor, speaker of the house of representatives,
  executive commissioner of the Health and Human Services Commission,
  and commissioner of agriculture shall appoint the initial members
  of the Texas food system security and resiliency planning council
  under Section 23.002, Agriculture Code, as added by this Act.
         SECTION 3.  Not later than September 1, 2025, the office, as
  that term is defined by Section 23.001, Agriculture Code, as added
  by this Act, shall deliver the initial state food system security
  plan as required by Section 23.003(c), Agriculture Code, as added
  by this Act.
         SECTION 4.  (a) In this section, "office" has the meaning
  assigned by Section 23.001, Agriculture Code, as added by this Act.
         (b)  The office is not required to award a grant under
  Section 23.005, Agriculture Code, as added by this Act, unless the
  legislature appropriates money specifically for that purpose
  during the state fiscal biennium ending August 31, 2025.
         SECTION 5.  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, 2023.
 
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