(a) Statutory authority. Texas Food System Security and Resiliency Planning Council (Council) is established pursuant to Texas Agriculture Code, §23.002.
(b) Definitions. In additional to the general definitions contained within Title 4, Part 1, Chapter 1, §1.1, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
  (1) "Council" means the Texas food system security and resiliency planning council; and
  (2) "Office" means the food and nutrition division or other division within the department responsible for food assistance programs, established pursuant to Texas Agriculture Code, §23.001(2).
(c) Purpose. The Council shall provide guidance to the Department in the administration of Texas Agriculture Code, Chapter 23 and the development of a state food system security plan.
(d) Composition. The Council is composed of members in accordance with Texas Agriculture Code, §23.002(a).
(e) A person appointed to the Council must have experience in an industry or economic sector involving food production or food sales or in a related industry or economic sector.
(f) Terms of Service for Council Membership.
  (1) Each Council member serves at the pleasure of the appointing official.
  (2) Any vacancy occurring on the Council shall be filled by the appropriate appointing official as soon as practicable.
  (3) Appointments to the Council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(g) Presiding officers, including a chair and vice-chair, shall be designated in accordance with Texas Agriculture Code, Section 23.002.
(h) Meetings.
  (1) Meetings shall be held at regular intervals, as directed by Texas Agriculture Code, Section 23.002
  (2) A simple majority of the voting members of the Council shall constitute a quorum for the purpose of transacting business.
  (3) The Council may only meet with a quorum present.
(i) Procedures.
  (1) Any action taken by the Council must be approved by a majority vote of the members present once a quorum is established.
  (2) Each voting member shall have one vote.
  (3) The Council shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.
  (4) Minutes of each Council meeting shall be taken by department staff.
(j) Conduct By Members.
  (1) Members of the Council shall not be entitled to compensation or reimbursement from the Department or the Council for expenses incurred in performing Council duties unless otherwise required under Texas Agriculture Code, Chapter 23.
  (2) The Commissioner, the department, and the Council shall not be bound in any way by any statement or action on the part of any Council member except when a statement or action is specifically authorized by the Commissioner, department, or Council.
  (3) The Council and its members may not participate in an official capacity in legislative activities in the name of the department or the Council except with approval of the department. Council members are not prohibited from representing themselves or other entities in the legislative process.
  (4) A Council member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's duties.
  (5) A Council member should not disclose confidential information acquired through his or her Council membership.
  (6) A Council member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's powers or duties in favor of another person.
  (7) A Council member who has a personal or private interest in a matter pending before the Council shall publicly disclose the fact in a Council meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the Council member has a direct pecuniary interest in the matter but does not include the Council member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.
  (8) A person may not serve as a member of Council if the person is required to register as a lobbyist under Chapter 305, Government Code because of the person's activities for compensation on a matter related to the Council.
(k) Council members must complete required Open Meetings Training in accordance with Texas Government Code, Chapter 551.
(l) Staff. Staff support for the Council shall be provided by the department.

Source Note: The provisions of this §1.221 adopted to be effective October 25, 2023, 48 TexReg 6205