Bill Text: TX HB3706 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to certain requirements for certain sponsors and other participants in the summer food service program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB3706 Detail]
Download: Texas-2013-HB3706-Comm_Sub.html
83R21985 ADM-D | |||
By: Carter | H.B. No. 3706 | ||
Substitute the following for H.B. No. 3706: | |||
By: Kacal | C.S.H.B. No. 3706 |
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relating to certain requirements for certain sponsors and other | ||
participants in the summer food service program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.1146(a), Government Code, as added | ||
by Chapter 870 (S.B. 77), Acts of the 82nd Legislature, Regular | ||
Session, 2011, is amended to read as follows: | ||
(a) The Department of Agriculture is entitled to obtain | ||
criminal history record information maintained by the Department of | ||
Public Safety that relates to a person who is a principal of a | ||
nongovernmental entity that is a participant in or applicant for | ||
participation in the Child and Adult Care Food Program or the summer | ||
food service program as provided by Section 33.0271(e), Human | ||
Resources Code. | ||
SECTION 2. The heading to Section 33.0271, Human Resources | ||
Code, is amended to read as follows: | ||
Sec. 33.0271. [ |
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PARTICIPANT REQUIREMENTS: CERTAIN NUTRITIONAL ASSISTANCE PROGRAMS. | ||
SECTION 3. Sections 33.0271(a), (c), (d), (g), and (h), | ||
Human Resources Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) with respect to the Child and Adult Care Food | ||
Program: | ||
(A) [ |
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the meaning [ |
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(B) "principal" means any individual who holds a | ||
management position with, or is an officer of, an institution, | ||
other than a person whose only role for the institution is serving | ||
as a member, other than the chair, of the institution's board of | ||
directors; and | ||
(2) with respect to the summer food service program: | ||
(A) "principal" means any individual who holds a | ||
management position with, or is an officer of, a sponsor, other than | ||
a person whose only role for the sponsor is serving as a member, | ||
other than the chair, of the sponsor's board of directors; and | ||
(B) "sponsor" has the meaning assigned by 7 | ||
C.F.R. Section 225.2. | ||
(c) To the extent permitted under federal law, on | ||
application for or renewal of participation in the Child and Adult | ||
Care Food Program or summer food service program, a nongovernmental | ||
entity applying to participate or to renew participation in the | ||
Child and Adult Care Food Program [ |
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organization or other institution, or in the summer food service | ||
program as a sponsor, must submit to the department the following | ||
with respect to each of the entity's principals for use in | ||
conducting a background and criminal history check: | ||
(1) a copy of a government-issued form of | ||
identification of the principal, which may include a copy of: | ||
(A) a driver's license issued by this state or | ||
another state; | ||
(B) an identification card issued by this state, | ||
another state, or the federal government; | ||
(C) a passport; or | ||
(D) another form of identification approved by | ||
the department; and | ||
(2) proof of the principal's residential mailing | ||
address, which may include: | ||
(A) official mail sent to the principal's address | ||
from a utility provider, governmental agency, or financial | ||
institution; | ||
(B) a residential lease executed by the | ||
principal; or | ||
(C) any other form of proof approved by the | ||
department. | ||
(d) If there is a change in a principal or the residential | ||
mailing address of a principal of a nongovernmental entity | ||
participating in the Child and Adult Care Food Program as a | ||
sponsoring organization or other institution, or in the summer food | ||
service program as a sponsor, the entity must submit to the | ||
department the same information required under Subsection (c) with | ||
respect to the principal for use in conducting a background and | ||
criminal history check. | ||
(g) If a background and criminal history check authorized | ||
under Subsection (e) reveals that the principal of an entity that is | ||
an applicant for or participant in the Child and Adult Care Food | ||
Program or summer food service program has been convicted of fraud, | ||
violating an antitrust law, embezzlement, theft, forgery, bribery, | ||
falsification or destruction of records, making false statements, | ||
receiving stolen property, making false claims, obstructing | ||
justice, or any other criminal offense that indicates a lack of | ||
business integrity as determined by the department, the department: | ||
(1) shall deny the entity's application for | ||
participation in the program; or | ||
(2) may, at the department's discretion, revoke the | ||
entity's authority to participate in the program. | ||
(h) The executive commissioner by rule may establish | ||
procedures that would allow an entity that had the entity's | ||
application to participate in the Child and Adult Care Food Program | ||
or summer food service program denied or authority to participate | ||
in the program revoked under Subsection (g) to appeal the | ||
department's determination under that subsection. | ||
SECTION 4. This Act takes effect September 1, 2014. |