Texas 2015 - 84th Regular

Texas House Bill HB1202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R25437 AJZ-D
2	2	By: Muñoz, Jr. H.B. No. 1202
3	3	Substitute the following for H.B. No. 1202:
4	4	By: González C.S.H.B. No. 1202
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the community nutrition program policy
10	10	advisory council.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 2, Agriculture Code, is amended by adding
13	13	Chapter 26 to read as follows:
14	14	CHAPTER 26. COMMUNITY NUTRITION PROGRAM POLICY ADVISORY COUNCIL
15	15	Sec. 26.001. DEFINITION. In this chapter, "advisory
16	16	council" means the community nutrition program policy advisory
17	17	council.
18	18	Sec. 26.002. ADVISORY COUNCIL ESTABLISHED. The community
19	19	nutrition program policy advisory council is an advisory council
20	20	established to support the goals, initiatives, and policies of the
21	21	department's food and nutrition division.
22	22	Sec. 26.003. APPOINTMENT OF MEMBERS; TERMS. (a) The
23	23	advisory council is composed of five members appointed by the
24	24	commissioner as follows:
25	25	(1) two members representing the community
26	26	organizations that contract with the Child and Adult Care Food
27	27	Program, including:
28	28	(A) one member that provides services to child
29	29	care centers; and
30	30	(B) one member that provides services to day care
31	31	home providers; and
32	32	(2) one member representing the community
33	33	organizations that contract with the summer food service program
34	34	under 42 U.S.C. Section 1761;
35	35	(3) one member representing the community
36	36	organizations that contract with the commodity supplemental food
37	37	program under 7 C.F.R. Part 247; and
38	38	(4) one member who serves as the president of the Texas
39	39	CACFP Sponsor's Association.
40	40	(b) In making the appointments required under Subsection
41	41	(a), the commissioner shall:
42	42	(1) give preference to individuals who are
43	43	professional educators or child care providers, individuals who
44	44	have experience and expertise in an area of interest to the advisory
45	45	council, and individuals who display a commitment to excellence in
46	46	the administration of community nutrition programs; and
47	47	(2) attempt to appoint a balance of members
48	48	representing business, labor, civic, educational, parental, and
49	49	professional groups, while striving for diversity and geographic
50	50	representation.
51	51	(c) The commissioner, in consultation with the chief
52	52	administrator of the food and nutrition division of the department,
53	53	shall appoint a chair from among the members. The advisory council
54	54	members may elect a vice chair.
55	55	(d) Members of the advisory council serve staggered terms of
56	56	three years.
57	57	Sec. 26.004. DUTIES. (a) To improve community nutrition
58	58	programs in this state, the advisory council shall:
59	59	(1) advise the department on policy, rules, and
60	60	program operations, including program recommendations for meeting
61	61	federal or state requirements;
62	62	(2) advise the department on program materials;
63	63	(3) identify training priorities for the department;
64	64	(4) propose solutions to address gaps, flaws,
65	65	inefficiencies, or problems in the state's administration of
66	66	nutrition programs;
67	67	(5) develop and implement a plan for improving
68	68	relationships between entities that contract with the department
69	69	and other state agencies in connection with the state's nutrition
70	70	policies and programs, including establishing best practices for
71	71	department cooperation and collaboration with entities that
72	72	contract with the department;
73	73	(6) identify and address duplication of services
74	74	provided by entities that contract with the department; and
75	75	(7) advise the commissioner and the department's chief
76	76	administrator of food and nutrition on nutrition policy priorities,
77	77	including priorities for the use and allocation of federal money
78	78	and recommendations for the food and nutrition division regarding
79	79	the allocation of federal money.
80	80	(b) The advisory council shall conduct a review of the
81	81	state's nutrition policies and programs. The advisory council may
82	82	meet with representatives of the state agencies that administer the
83	83	nutrition programs as necessary to conduct the review.
84	84	(c) The commissioner may direct the advisory council to
85	85	focus the advisory council's efforts in particular areas that will
86	86	inform the efforts of the department.
87	87	Sec. 26.005. LIAISON. (a) The chief administrator of the
88	88	department's food and nutrition division shall appoint a staff
89	89	member to serve as the advisory council's liaison.
90	90	(b) The liaison shall:
91	91	(1) facilitate communications between the advisory
92	92	council and the department;
93	93	(2) post advisory council meeting notices and other
94	94	information on the advisory council's website; and
95	95	(3) attend each advisory council meeting.
96	96	Sec. 26.006. MEETINGS OF ADVISORY COUNCIL. (a) The
97	97	advisory council shall meet at times and locations as determined by
98	98	the chair, not to exceed four meetings per year.
99	99	(b) Advisory council members may not participate remotely
100	100	in a meeting by telephone conference call, videoconference, or
101	101	other similar telecommunications methods permitted under Chapter
102	102	551, Government Code.
103	103	(c) The advisory council shall keep minutes of the advisory
104	104	council's meetings and any subcommittee meetings and shall post the
105	105	minutes on the advisory council's website.
106	106	(d) The chair, in consultation with the liaison, shall
107	107	prepare a meeting agenda, if necessary.
108	108	(e) The chair may share meeting agendas, minutes, and
109	109	notices with members of the advisory council by telephone, e-mail,
110	110	or fax.
111	111	(f) The advisory council must maintain advisory council
112	112	records in accordance with state and department record retention
113	113	schedules.
114	114	(g) Records of the advisory council are public information
115	115	subject to disclosure under Chapter 552, Government Code.
116	116	Sec. 26.007. ANNUAL REPORT. Not later than September 30 of
117	117	each year, the advisory council shall submit an annual report to the
118	118	commissioner on:
119	119	(1) current issues in the field of community nutrition
120	120	programs relevant to the department's goals and strategic
121	121	initiatives;
122	122	(2) the advisory council's efforts to support the
123	123	goals and objectives of the department;
124	124	(3) the advisory council's review of nutrition
125	125	policies and programs conducted under Section 26.004(b); and
126	126	(4) recommendations for the department, including any
127	127	proposed legislative, rule, or policy changes for improving
128	128	community nutrition programs.
129	129	Sec. 26.008. REIMBURSEMENT. An advisory council member is
130	130	not entitled to compensation but is entitled to reimbursement for
131	131	travel expenses incurred by the member while conducting the
132	132	business of the advisory council.
133	133	Sec. 26.009. SUNSET PROVISION. The advisory council is
134	134	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
135	135	continued in existence as provided by that chapter, the advisory
136	136	council is abolished and this chapter expires September 1, 2021.
137	137	Sec. 26.010. APPLICABILITY OF OTHER LAW. Chapter 2110,
138	138	Government Code, does not apply to the advisory council.
139	139	SECTION 2. Not later than October 1, 2015, the commissioner
140	140	of agriculture shall appoint the members of the community nutrition
141	141	program policy advisory council established by Chapter 26,
142	142	Agriculture Code, as added by this Act. In appointing the initial
143	143	members of the advisory council, the commissioner shall appoint two
144	144	persons to terms expiring October 1, 2016, two persons to terms
145	145	expiring October 1, 2017, and one person to a term expiring October
146	146	1, 2018.
147	147	SECTION 3. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2015.