By: Nelson S.B. No. 344
(In the Senate - Filed December 8, 2008; February 11, 2009,
read first time and referred to Committee on Agriculture and Rural
Affairs; March 30, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
March 30, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 344 By: Uresti
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.
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