Bill Amendment: TX SB703 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to the continuation and functions of the Department of Agriculture, the Prescribed Burning Board, and the Texas Boll Weevil Eradication Foundation and the abolishment of the Early Childhood Health and Nutrition Interagency Council.

Status: 2021-06-16 - Effective on 9/1/21 [SB703 Detail]

Download: Texas-2021-SB703-House_Amendment_H_2_2-King_Ken.html

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Amend SB 703 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering the SECTIONS of the bill accordingly:

SECTION ____.  Chapter 12, Agriculture Code, is amended by adding Sections 12.0022, 12.0023, and 12.0024 to read as follows:

Sec. 12.0022.  NUTRITION PROGRAMS: SCHOOL FOOD AUTHORITY SELECTION OF FOOD SERVICE MANAGEMENT COMPANY. (a) In this section:

(1)  "Food service management company" and "school food authority" have the meanings assigned by 7 C.F.R. Subtitle B, Chapter II.

(2)  "Nutrition program" means a program described by Section 12.0025.

(b)  This section applies to a school food authority that uses competitive bidding, competitive sealed proposals, or a request for proposals to award a contract to a food service management company for purposes of a nutrition program.

(c)  In determining which bid or proposal offers the best value for the school food authority, the school food authority:

(1)  may consider cost reimbursable and fixed price contracts as authorized by federal law;

(2)  shall primarily consider the purchase price and the extent to which the offeror's goods or services meet the school food authority's specifications; and

(3)  may, in addition to the factors described by Subdivision (2), consider other relevant factors including:

(A)  the relative value received by the school food authority under a cost reimbursable contract and a fixed price contract;

(B)  the quality and reliability of the offeror's goods or services; and

(C)  indicators of probable offeror performance under the contract, such as:

(i)  past offeror performance;

(ii)  the offeror's financial resources;

(iii)  the offeror's ability to perform; and

(iv)  the offeror's experience or demonstrated capability in providing the goods or services.

Sec. 12.0023.  NUTRITION PROGRAMS: FOOD SERVICE MANAGEMENT COMPANY AS AGENT FOR SCHOOL FOOD AUTHORITY. (a) In this section:

(1)  "Food service management company" and "school food authority" have the meanings assigned by 7 C.F.R. Subtitle B, Chapter II.

(2)  "Nutrition program" means a program described by Section 12.0025.

(b)  A school food authority may by contract authorize a food service management company to act as agent in performing designated administrative functions related to a nutrition program, including communicating directly with the department regarding contractual or regulatory matters.

(c)  A school food authority:

(1)  retains authority over and responsibility for any function not delegated to a food service management company as provided by Subsection (b);

(2)  may renew, modify, or terminate a food service management company's authority to act as agent with respect to any function; and

(3)  may seek and obtain any available legal remedy, including damages, in the event of a breach of duty by the food service management company.

Sec. 12.0024.  NUTRITION PROGRAMS: FOOD AND NUTRITION DIVISION EFFICIENCY AUDIT. (a) For purposes of this section, "efficiency audit" means an investigation of the operations of the department's food and nutrition division by the state auditor to examine fiscal management, efficiency, and outcomes for children and families served by the department's public school food and nutrition programs, including consistency and quality of communications with stakeholders and the utilization of federal resources.

(b)  During the state fiscal year ending August 31, 2022, and every fourth year after that date, the state auditor shall conduct an efficiency audit.

(c)  In a year in which an efficiency audit is completed as required by this section, the efficiency audit may satisfy, to the extent applicable, the department's annual internal audit requirements under Chapter 2102, Government Code.

(d)  The department shall pay the costs associated with an efficiency audit required under this section using money appropriated for administrative and internal audit operations in the state fiscal year the audit is conducted.

(e)  If the department fails to pay the costs associated with an efficiency audit as required by Subsection (d), the amount appropriated to the department by the legislature for the next state fiscal biennium may not exceed the department's baseline budget.

(f)  Not later than March 1 of the state fiscal year in which an efficiency audit is required under this section, the state auditor and commissioner, in collaboration with the food and nutrition division of the department, shall assess and recommend improvements to the efficiency of services and communications with stakeholders associated and involved with the department's food and nutrition programs.

(g)  The state auditor shall complete the efficiency audit not later than the 90th day after the date the audit is initiated.

(h)  The state auditor and commissioner, in collaboration with public schools and other food and nutrition program stakeholders, shall establish the scope of the efficiency audit and determine the areas of investigation for the audit, including:

(1)  reviewing the department's resources to determine whether they are being used effectively and efficiently to achieve desired outcomes for rural and urban school districts;

(2)  reviewing the quality, choice, and nutritional balance of food prepared and provided to children and the impact to rural and urban families served by the food and nutrition division of the department;

(3)  identifying cost savings or reallocations of resources; and

(4)  identifying opportunities for improving services through consolidation of essential functions, outsourcing, and elimination of duplicative efforts.

(i)  Not later than November 1 of the calendar year an efficiency audit is conducted, the state auditor shall prepare and submit a report of the audit and recommendations for efficiency improvements to the governor, the Legislative Budget Board, the commissioner, and the chairs of the standing committees of the senate and house of representatives with primary jurisdiction over the department.