84R4035 AJZ-D
By: Muñoz, Jr. 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 18 members appointed by the
commissioner as follows:
(1) six members representing the community
organizations that contract with the Child and Adult Care Food
Program, including:
(A) two members that provide services to child
care centers;
(B) two members that provide services to day care
home providers; and
(C) two members that provide services to adult
day care centers;
(2) two members representing the community
organizations that contract with the summer food service program
under 42 U.S.C. Section 1761;
(3) two members representing the community
organizations that contract with the special milk program under 42
U.S.C. Section 1772;
(4) two members representing the community
organizations that contract with the commodity supplemental food
program under 7 C.F.R. Part 247;
(5) two members of the Texas CACFP Sponsor's
Association; and
(6) four members that represent the state's other
nutrition programs.
(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 six
persons to terms expiring October 1, 2016, six persons to terms
expiring October 1, 2017, and six persons to terms 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.