By: Goodwin, González of Dallas H.B. No. 3323
(Senate Sponsor - West)
(In the Senate - Received from the House May 8, 2023;
May 9, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 12, 2023, reported favorably by
the following vote: Yeas 7, Nays 1; May 12, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
PerryX
HancockX
BlancoX
FloresX
GutierrezX
JohnsonX
KolkhorstX
SparksX
SpringerX
A BILL TO BE ENTITLED
AN ACT
relating to food system security and resiliency planning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Agriculture Code, is amended by adding
Chapter 23 to read as follows:
CHAPTER 23. FOOD SYSTEM SECURITY
Sec. 23.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas food system security and
resiliency planning council.
(2) "Office" means:
(A) the office of food system security and
resiliency if that office is established as a division within the
department by an Act of the 88th Legislature, Regular Session,
2023; or
(B) the food and nutrition division of the
department if the office of food system security and resiliency is
not established as a division within the department by an Act of the
88th Legislature, Regular Session, 2023.
Sec. 23.002. TEXAS FOOD SYSTEM SECURITY AND RESILIENCY
PLANNING COUNCIL. (a) The office shall establish the Texas food
system security and resiliency planning council. The council is
composed of the following members:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor;
(3) three members appointed by the speaker of the
house of representatives;
(4) one member of the Texas Animal Health Commission
appointed by the governor;
(5) one member appointed by the commissioner to
represent food banks;
(6) one member appointed by the commissioner to
represent nonprofit organizations that provide home delivered
meals;
(7) two members appointed by the commissioner to
represent agricultural producer organizations, marketing
associations organized under Chapter 52, or farmers' cooperative
societies incorporated under Chapter 51;
(8) the assistant commissioner of agriculture for the
food and nutrition division as a nonvoting member;
(9) the director of the Texas A&M AgriLife Extension
Service as a nonvoting member; and
(10) one nonvoting member appointed by the executive
commissioner of the Health and Human Services Commission to
represent the supplemental nutrition assistance program, the
federal special supplemental nutrition program for women, infants,
and children, and the supplemental nutrition assistance
program-education.
(b) A person appointed under Subsection (a) must have
experience in an industry or economic sector involving food
production or food sales or in a related industry or economic
sector.
(c) For the purpose of Subsection (a)(7), the Texas Farm
Bureau is considered an agricultural producer organization.
(d) A council member serves at the pleasure of the
appointing authority.
(e) The governor shall designate a chair of the council from
the members the governor appoints. The lieutenant governor shall
designate a vice chair of the council from the members the
lieutenant governor appoints.
(f) The council shall meet at least once quarterly or more
frequently at the call of the chair.
(g) A member of the council is not entitled to compensation
or reimbursement for expenses incurred in performing council
duties.
(h) The council shall:
(1) give guidance to the office; and
(2) review the state food system security plan
developed under Section 23.003.
Sec. 23.003. STATE FOOD SYSTEM SECURITY PLAN. (a) The
office shall develop a state food system security plan. The plan
must:
(1) provide for the orderly development and management
of food system security throughout this state, including ensuring
sufficient food is available at a reasonable cost to:
(A) ensure public health, safety, and welfare;
(B) further economic development; and
(C) protect the agricultural and natural
resources of this state;
(2) account for times of severe drought conditions,
natural disasters, man-made disasters, or other calamities; and
(3) include legislative recommendations that are
needed or desirable to facilitate the resilience and availability
of food in this state.
(b) In developing the plan, the office shall seek the advice
of:
(1) the Department of State Health Services; and
(2) the Parks and Wildlife Department.
(c) The office shall:
(1) review and revise as necessary the plan developed
under Subsection (a) at least once every five years; and
(2) deliver the plan to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
chair of the appropriate committees in each house of the
legislature.
Sec. 23.004. FOOD SYSTEM SECURITY PLANNING FUND. (a) In
this section, "planning fund" means the food system security
planning fund.
(b) The planning fund is a dedicated account in the general
revenue fund and consists of:
(1) appropriations of money to the planning fund by
the legislature;
(2) gifts, grants, including federal grants, and other
donations received for the planning fund; and
(3) interest earned on the investment of money in the
planning fund.
(c) The planning fund may be used only to administer the
council under Section 23.002.
(d) The office may accept gifts, grants, or donations from
any source that are made for the purposes of this section. Money
received under this subsection shall be deposited in the planning
fund.
Sec. 23.005. TEXAS FOOD SYSTEM SECURITY AND RESILIENCY
GRANT PROGRAM. (a) In this section:
(1) "Eligible recipient" means:
(A) a municipality;
(B) a county;
(C) a council of government;
(D) a regional planning council;
(E) an economic development corporation;
(F) a transit authority;
(G) a nonprofit or similar organization;
(H) a farm or agricultural product or service
cooperative;
(I) a nonprofit farmers' market or grocery store;
or
(J) a micro-business as defined by Section
2006.001, Government Code.
(2) "Grant fund" means the Texas food system security
and resiliency projects fund.
(b) The grant fund is a dedicated account in the general
revenue fund and consists of:
(1) appropriations of money to the grant fund by the
legislature;
(2) gifts, grants, including federal grants, and other
donations received for the grant fund; and
(3) interest earned on the investment of money in the
grant fund.
(c) The office shall award grants to eligible recipients to
increase food system security or resiliency in this state. To be
eligible for a grant, a project must be related to food production,
food system security, or food supply resiliency and have the
ability to impact either an individual community or the production
of a specific agricultural commodity. The department shall award
grants to a variety of eligible recipients across this state.
(d) The grant fund may be used by the office only to:
(1) award grants under this section; and
(2) administer the grant program under this section.
(e) The amount of a grant awarded under this section may not
be less than $10,000 or more than $250,000. The total amount of
grants awarded under this section may not exceed $10 million.
(f) This section expires August 31, 2025.
Sec. 23.006. BIANNUAL REPORT. (a) The department shall
report to the legislature biannually on the activities of the
office and council. The report must contain a description of:
(1) the activities of the council under this chapter;
and
(2) grants awarded under Section 23.005.
(b) This section expires January 14, 2025.
Sec. 23.007. RULES. The department shall adopt rules
necessary to administer this chapter.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the Department of Agriculture shall adopt rules
and procedures as required to implement Chapter 23, Agriculture
Code, as added by this Act.
(b) As soon as practicable after the adoption of rules and
procedures under Subsection (a) of this section, the governor,
lieutenant governor, speaker of the house of representatives,
executive commissioner of the Health and Human Services Commission,
and commissioner of agriculture shall appoint the initial members
of the Texas food system security and resiliency planning council
under Section 23.002, Agriculture Code, as added by this Act.
SECTION 3. Not later than September 1, 2025, the office, as
that term is defined by Section 23.001, Agriculture Code, as added
by this Act, shall deliver the initial state food system security
plan as required by Section 23.003(c), Agriculture Code, as added
by this Act.
SECTION 4. (a) In this section, "office" has the meaning
assigned by Section 23.001, Agriculture Code, as added by this Act.
(b) The office is not required to award a grant under
Section 23.005, Agriculture Code, as added by this Act, unless the
legislature appropriates money specifically for that purpose
during the state fiscal biennium ending August 31, 2025.
SECTION 5. 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, 2023.
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