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.