88R9104 MP-D     By: West S.B. No. 758       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)  seven members appointed by the governor;                (2)  seven members appointed by the lieutenant   governor;                (3)  six members appointed by the speaker of the house   of representatives;                (4)  one member appointed by the commissioner to   represent food banks;                (5)  the assistant commissioner of agriculture for the   food and nutrition division as a nonvoting member;                (6)  the director of the Texas A&M AgriLife Extension   Service as a nonvoting member; and                (7)  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 council member serves at the pleasure of the   appointing authority.          (c)  The governor shall designate a chair of the council from   the members that the governor appoints.  The lieutenant governor   shall designate a vice chair of the council from the members that   the lieutenant governor appoints.          (d)  The council shall meet at least once quarterly or more   frequently at the call of the chair.          (e)  A member of the council is not entitled to compensation   or reimbursement for expenses incurred in performing council   duties.          (f)  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 disaster, man-made disaster, 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 grants, gifts, 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.          (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.          Sec. 23.006.  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.  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.