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89(R) HB 5339 - Engrossed version - Bill Text
By: Wilson
H.B. No. 5339
A BILL TO BE ENTITLED
AN ACT
relating to the establishment by the Texas Higher Education
Coordinating Board of a grant program to support the study of
regenerative agriculture at public institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter LL to read as follows:
SUBCHAPTER LL.
HIGHER EDUCATION REGENERATIVE AGRICULTURE GRANT
PROGRAM
Sec. 61.9851. DEFINITIONS. In this subchapter:
(1)
"Nonprofit organization" means an organization
exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986.
(2)
"Program" means the Higher Education Regenerative
Agriculture Grant Program established under this subchapter.
(3)
"Regenerative agriculture" means a holistic
system of agricultural practices and techniques that enhance
overall soil health, increase soil organic matter, improve water
infiltration and retention, increase resilience to droughts and
flooding, enrich biological diversity, and proliferate beneficial
soil microbes through a combination of practices based on the
following principles:
(A)
ensuring the presence of living roots in the
soil throughout the year to nourish the ecosystem;
(B)
minimal disturbance to limit disruption to
the soil structure and its living organisms, while actively
protecting and promoting soil microbial diversity;
(C)
the encouragement of biological diversity
through varied crop rotations, cover crops, and intercropping
strategies;
(D)
soil armor to maintain soil coverage with
living plants, crop residues, or mulch to prevent exposure of bare
soil, reduce risks of wind and water erosion, and protect soil
biology from harmful temperature extremes;
(E)
animal integration, including incorporating
livestock and poultry to recycle nutrients and stimulate soil
biological activity without overwhelming the soil ecosystem; and
(F)
context-based practices to tailor the
regenerative agricultural practices to the characteristics of a
particular piece of land, climate conditions, and any cropping or
livestock systems present on that land.
Sec.
61.9852.
PROGRAM ESTABLISHMENT AND ADMINISTRATION.
(a)
The board shall establish and administer the Higher Education
Regenerative Agriculture Grant Program under which the board may
award grants to eligible institutions of higher education to:
(1)
study successful regenerative agriculture
operations and identify practices and methods to support persons in
this state seeking to implement regenerative agriculture on their
land;
(2)
develop innovative, evidence-based methods to
support agricultural producers in bioremediation and other
scientifically supported techniques that promote beneficial soil
bacteria and microorganisms and increase crop yields; and
(3)
provide students, agricultural producers, and
rural communities with regenerative agriculture-focused education
and technical assistance programs founded upon transparent and
objective research protocols.
(b) In administering the program, the board shall:
(1)
collaborate with the State Soil and Water
Conservation Board to:
(A)
align research funded under the program with
existing soil and water conservation programs;
(B)
ensure projects funded under the program
complement statewide efforts to improve soil health and reduce the
use of synthetic inputs; and
(C)
facilitate partnerships between institutions
of higher education that are awarded grants under the program and
local soil and water conservation districts;
(2)
identify opportunities to align the program with
federal initiatives or grants to maximize program funding and
impact;
(3) ensure that research funded under the program:
(A)
is conducted independently using the proper
scientific method;
(B)
is not compromised by external factors or
parties; and
(C)
complies with any requirements imposed by
state or federal law;
(4)
establish a framework for monitoring and
evaluating the outcomes of research and other activities funded
under the program;
(5)
ensure that findings, research, data, and
recommendations resulting from research funded under the program
are made publicly accessible;
(6)
provide technical assistance to institutions of
higher education that apply for a grant under the program;
(7)
conduct periodic reviews and site visits to ensure
proper use of grant funds and compliance with grant agreements;
(8)
oversee the creation and maintenance of a
statewide online resource hub to share educational materials,
research findings, and best practices developed through the
program;
(9)
require program grant recipients to submit to the
board annual progress reports that include:
(A)
research and education achievements related
to agricultural sustainability;
(B)
measurable outcomes, such as the adoption of
regenerative agriculture farming practices or reductions in the use
of synthetic inputs by producers; and
(C)
financial documentation detailing the use of
grant funds; and
(10)
ensure that institutions of higher education that
misuse grant funds or fail to meet program requirements are subject
to the following consequences:
(A) suspension or termination of grant funding;
(B)
disqualification from future grant cycles;
and
(C) repayment of misused grant funds.
Sec.
61.9853.
GRANT ELIGIBILITY. To be eligible to receive
a grant under the program for a state fiscal year, an institution of
higher education must:
(1)
apply to the board in the manner prescribed by
board rule; and
(2)
satisfy any other criteria prescribed by board
rule in accordance with this subchapter.
Sec.
61.9854.
GRANT ALLOCATION. (a)
The board may not
award more than 30 percent of the total amount of grant funds
allocated under this program for a state fiscal year to any one
institution of higher education.
(b)
In awarding grants under the program, the board shall
give first and equal priority to institutions of higher education
that:
(1)
conduct research in partnership with one or more
nonprofit organizations; or
(2) both:
(A)
conduct research in partnership with a
nonprofit organization described by Section 501(c)(3), Internal
Revenue Code of 1986; and
(B)
do not derive more than 25 percent of the
institution's agricultural grant program funding from an entity
that manufactures, markets, or sells synthetic inputs for use in
farming.
(c)
In its application review and funding allocation
process for the program for a state fiscal year, the board shall
ensure a reasonable distribution of funds across institutions of
higher education statewide that do not qualify for a priority grant
award under Subsection (b).
Sec.
61.9855.
GRANT USE. Grant money awarded under the
program may be used only for the following purposes:
(1)
multiyear research projects focused on
transitioning agricultural producers to regenerative agriculture
farming systems through evidence-based techniques, peer-reviewed
studies, and event coordination;
(2)
research on healthy soil practices, including
identifying practical and beneficial techniques for achieving and
maintaining soil health, such as bioremediation and other
innovative methods to increase crop yields and enhance beneficial
soil microbiology;
(3)
institution of higher education-led education and
training programs to support agricultural producers in this state
in implementing regenerative agriculture methods on their land,
with priority given to programs that provide resources for small
and mid-sized farms;
(4)
support for student-led projects, internships,
and research initiatives focused on regenerative agriculture;
(5)
development and distribution of digital and
physical educational resources for rural agricultural communities
and farming regions;
(6)
collaborative research initiatives between
institutions of higher education, nonprofit organizations, and
agricultural organizations to pilot and test regenerative
agriculture farming solutions; and
(7)
any additional purposes approved by board rule
following a thorough and systematic review.
Sec.
61.9856.
FUNDING. In addition to any money
appropriated for the program, the board may solicit and accept
gifts, grants, and donations from any public or private source for
the program.
Sec.
61.9857.
RULES. The board shall adopt rules as
necessary for the administration of the program, including rules
prescribing program guidelines, application forms, and report
templates for institutions of higher education under the program.
Sec.
61.9858.
ANNUAL REPORT. The board, in collaboration
with the State Soil and Water Conservation Board, annually shall
prepare and submit to the legislature a report summarizing:
(1)
the outcomes, benefits, and challenges of the
program, including any unintended consequences; and
(2)
legislative recommendations to further advance
regenerative agriculture research, education, and outreach in this
state, including data and independent evaluations to support those
recommendations.
SECTION 2. Subchapter LL, Chapter 61, Education Code, as
added by this Act, applies beginning with the 2026-2027 academic
year.
SECTION 3. Not later than January 1, 2026, the Texas Higher
Education Coordinating Board shall develop and make available on
the coordinating board's Internet website an application form for
the Higher Education Regenerative Agriculture Grant Program
established under Subchapter LL, Chapter 61, Education Code, as
added by this Act, as well as report templates and guidelines for
public institutions of higher education under the grant program.
SECTION 4. The Texas Higher Education Coordinating Board is
required to implement the Higher Education Regenerative
Agriculture Grant Program established under Subchapter LL, Chapter
61, Education Code, as added by this Act, only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the board may, but is not required to, implement the Higher
Education Regenerative Agriculture Grant Program established under
Subchapter LL, Chapter 61, Education Code, as added by this Act,
using other appropriations available for that purpose.
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, 2025.