S.B. No. 343 AN ACT relating to the creation of an advisory committee to study the retail availability of healthy foods in certain underserved areas of this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. HEALTHY FOOD ADVISORY COMMITTEE. (a) 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: (1) the areas of this state that are underserved in the retail availability of fresh fruits and vegetables and other healthy foods; and (2) the impact of the limited retail availability on proper nutrition and on obesity and related chronic illnesses. (b) The advisory committee consists of eight members as follows: (1) four members appointed by the executive commissioner of the Health and Human Services Commission; and (2) four members appointed by the commissioner of the Department of Agriculture. (c) In appointing members of the advisory committee, the executive commissioner of the Health and Human Services Commission and the commissioner of the Department of Agriculture shall ensure that the members reflect the diversity of this state, with members representing: (1) rural areas; (2) urban areas; and (3) different geographical regions of the state. (d) An advisory committee member is not entitled to reimbursement of expenses or to compensation. (e) The advisory committee shall meet not later than the 30th day after the date the initial appointments are made and shall select a presiding officer. The committee shall meet regularly as necessary at the call of the presiding officer. (f) The advisory committee shall: (1) investigate the retail availability of fresh fruits and vegetables and other healthy foods in this state; (2) develop recommendations for creating and a plan for implementing a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and (3) 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 availability of fresh fruits and vegetables and other healthy foods in this state. (g) Not later than September 1, 2010, the advisory committee shall submit to the legislature a report outlining: (1) the costs, benefits, and feasibility of a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and (2) a plan for implementing the program. 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 343 passed the Senate on March 19, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 343 passed the House on May 27, 2009, by the following vote: Yeas 140, Nays 8, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor