HBA-SEP C.S.H.B. 2443 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2443 By: Flores Agriculture & Livestock 3/28/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Nearly one-fourth of the adult American population is obese and twelve to fourteen percent of children suffer from obesity. The United States Department of Agriculture reports that the average American child eats only 25 percent of the recommended amount of fresh fruits and vegetables. It is also proven that many diseases affecting Americans can be attributed to a poor diet. A Food for Health Advisory Council may increase consumption of already available Texas fruits and vegetables by promoting the benefits of a healthy diet and generate more revenue for agricultural development in Texas. C.S.H.B. 2443 creates the Texas Food for Health Advisory Council. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2443 amends the Agriculture Code to create the Texas Food for Health Advisory Council (council) to coordinate food-for-health research programs in the state and research efforts to produce more nutritious fruits and vegetables as well as to promote increased consumption of Texas produce and the use of food-for-health research programs by Texas growers and state and federal agencies. The bill requires the council to issue requests for research proposals and to award grants to enhance the health benefits of fruits and vegetables or to help growers maximize crop yields through applied research. The bill also requires the council to develop educational materials that promote the benefits of consuming fruits and vegetables and innovative educational programs related to appropriate and safe methods of storing, preparing, and serving fresh produce. The bill provides that the council is composed of nine members, eight of whom are appointed jointly by the commissioner of public health and the vice chancellor for The Texas A&M University System Agriculture Program and one who is a representative of the Department of Agriculture (department) and is appointed by the commissioner of agriculture. Four of the council members must each represent the horticulture industry, the nutrition industry, the produce industry, or a local, county, or state health agency. The bill also sets forth provisions regarding the administration of the council and the terms of the members. The bill requires the Texas Agriculture Experiment Station to prepare an annual report accounting for all funds received and disbursed by the council, the council's progress through funded projects in improving the health benefits of state produce, the development of an information system or network to share health benefit information with certain state agencies, and recommendations for improving the health of consumers through increased consumption of this state's produce. The report is required to be submitted to the governor, the speaker of the house of representatives, the commissioner of the Texas Department of Agriculture, the commissioner of public health, and the vice chancellor for The Texas A&M University System Agriculture Program. The bill requires the department to serve as a resource and in an advisory capacity to the council. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2443 modifies the original by specifying that one of the nine council members is a representative of the department and is appointed by the commissioner of agriculture. The substitute also modifies the original to provide that the report prepared by the Texas Agriculture Experiment Station is to include the council's progress through funded projects in improving the health benefits of Texas produce, the development of an information system or network to share health benefit information with certain state agencies, and recommendations for improving the health of consumers through increased consumption of Texas produce. The substitute provides that the department is required to serve as a resource and in an advisory capacity to the council.