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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the community nutrition program policy |
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advisory council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Agriculture Code, is amended by adding |
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Chapter 26 to read as follows: |
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CHAPTER 26. COMMUNITY NUTRITION PROGRAM POLICY ADVISORY COUNCIL |
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Sec. 26.001. DEFINITION. In this chapter, "advisory |
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council" means the community nutrition program policy advisory |
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council. |
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Sec. 26.002. ADVISORY COUNCIL ESTABLISHED. The community |
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nutrition program policy advisory council is an advisory council |
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established to support the goals, initiatives, and policies of the |
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department's food and nutrition division. |
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Sec. 26.003. APPOINTMENT OF MEMBERS; TERMS. (a) The |
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advisory council is composed of five members appointed by the |
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commissioner as follows: |
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(1) two members representing the community |
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organizations that contract with the Child and Adult Care Food |
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Program, including: |
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(A) one member that provides services to child |
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care centers; and |
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(B) one member that provides services to day care |
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home providers; and |
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(2) one member representing the community |
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organizations that contract with the summer food service program |
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under 42 U.S.C. Section 1761; |
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(3) one member representing the community |
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organizations that contract with the commodity supplemental food |
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program under 7 C.F.R. Part 247; and |
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(4) one member who serves as the president of the Texas |
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CACFP Sponsor's Association. |
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(b) In making the appointments required under Subsection |
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(a), the commissioner shall: |
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(1) give preference to individuals who are |
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professional educators or child care providers, individuals who |
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have experience and expertise in an area of interest to the advisory |
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council, and individuals who display a commitment to excellence in |
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the administration of community nutrition programs; and |
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(2) attempt to appoint a balance of members |
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representing business, labor, civic, educational, parental, and |
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professional groups, while striving for diversity and geographic |
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representation. |
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(c) The commissioner, in consultation with the chief |
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administrator of the food and nutrition division of the department, |
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shall appoint a chair from among the members. The advisory council |
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members may elect a vice chair. |
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(d) Members of the advisory council serve staggered terms of |
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three years. |
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Sec. 26.004. DUTIES. (a) To improve community nutrition |
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programs in this state, the advisory council shall: |
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(1) advise the department on policy, rules, and |
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program operations, including program recommendations for meeting |
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federal or state requirements; |
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(2) advise the department on program materials; |
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(3) identify training priorities for the department; |
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(4) propose solutions to address gaps, flaws, |
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inefficiencies, or problems in the state's administration of |
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nutrition programs; |
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(5) develop and implement a plan for improving |
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relationships between entities that contract with the department |
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and other state agencies in connection with the state's nutrition |
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policies and programs, including establishing best practices for |
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department cooperation and collaboration with entities that |
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contract with the department; |
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(6) identify and address duplication of services |
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provided by entities that contract with the department; and |
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(7) advise the commissioner and the department's chief |
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administrator of food and nutrition on nutrition policy priorities, |
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including priorities for the use and allocation of federal money |
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and recommendations for the food and nutrition division regarding |
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the allocation of federal money. |
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(b) The advisory council shall conduct a review of the |
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state's nutrition policies and programs. The advisory council may |
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meet with representatives of the state agencies that administer the |
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nutrition programs as necessary to conduct the review. |
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(c) The commissioner may direct the advisory council to |
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focus the advisory council's efforts in particular areas that will |
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inform the efforts of the department. |
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Sec. 26.005. LIAISON. (a) The chief administrator of the |
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department's food and nutrition division shall appoint a staff |
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member to serve as the advisory council's liaison. |
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(b) The liaison shall: |
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(1) facilitate communications between the advisory |
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council and the department; |
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(2) post advisory council meeting notices and other |
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information on the advisory council's website; and |
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(3) attend each advisory council meeting. |
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Sec. 26.006. MEETINGS OF ADVISORY COUNCIL. (a) The |
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advisory council shall meet at times and locations as determined by |
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the chair, not to exceed four meetings per year. |
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(b) Advisory council members may not participate remotely |
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in a meeting by telephone conference call, videoconference, or |
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other similar telecommunications methods permitted under Chapter |
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551, Government Code. |
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(c) The advisory council shall keep minutes of the advisory |
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council's meetings and any subcommittee meetings and shall post the |
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minutes on the advisory council's website. |
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(d) The chair, in consultation with the liaison, shall |
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prepare a meeting agenda, if necessary. |
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(e) The chair may share meeting agendas, minutes, and |
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notices with members of the advisory council by telephone, e-mail, |
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or fax. |
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(f) The advisory council must maintain advisory council |
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records in accordance with state and department record retention |
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schedules. |
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(g) Records of the advisory council are public information |
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subject to disclosure under Chapter 552, Government Code. |
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Sec. 26.007. ANNUAL REPORT. Not later than September 30 of |
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each year, the advisory council shall submit an annual report to the |
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commissioner on: |
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(1) current issues in the field of community nutrition |
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programs relevant to the department's goals and strategic |
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initiatives; |
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(2) the advisory council's efforts to support the |
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goals and objectives of the department; |
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(3) the advisory council's review of nutrition |
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policies and programs conducted under Section 26.004(b); and |
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(4) recommendations for the department, including any |
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proposed legislative, rule, or policy changes for improving |
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community nutrition programs. |
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Sec. 26.008. REIMBURSEMENT. An advisory council member is |
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not entitled to compensation but is entitled to reimbursement for |
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travel expenses incurred by the member while conducting the |
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business of the advisory council. |
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Sec. 26.009. SUNSET PROVISION. The advisory council is |
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subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the advisory |
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council is abolished and this chapter expires September 1, 2021. |
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Sec. 26.010. APPLICABILITY OF OTHER LAW. Chapter 2110, |
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Government Code, does not apply to the advisory council. |
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SECTION 2. Not later than October 1, 2015, the commissioner |
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of agriculture shall appoint the members of the community nutrition |
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program policy advisory council established by Chapter 26, |
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Agriculture Code, as added by this Act. In appointing the initial |
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members of the advisory council, the commissioner shall appoint two |
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persons to terms expiring October 1, 2016, two persons to terms |
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expiring October 1, 2017, and one person to a term expiring October |
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1, 2018. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |