Bill Text: TX SB77 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to certain requirements for certain sponsoring organizations and other institutions participating in the Child and Adult Care Food Program.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB77 Detail]

Download: Texas-2011-SB77-Introduced.html

---

82R1145 KFF-D
By: Nelson S.B. No. 77

A BILL TO BE ENTITLED
AN ACT
relating to certain requirements for sponsoring organizations and
other institutions participating in the Child and Adult Care Food
Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1146 to read as follows:
Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: DEPARTMENT OF AGRICULTURE. (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 an applicant for
participation in the Child and Adult Care Food Program as provided
by Section 33.0271(d), Human Resources Code.
(b) Criminal history record information obtained by the
Department of Agriculture under this section may not be released or
disclosed to any person except in a criminal proceeding, in an
administrative proceeding, on court order, or with the consent of
the person who is the subject of the information.
SECTION 2. Chapter 33, Human Resources Code, is amended by
adding Section 33.0271 to read as follows:
Sec. 33.0271. CHILD AND ADULT CARE FOOD PROGRAM: PROGRAM
PARTICIPANT REQUIREMENTS. (a) In this section, "institution" and
"principal" have the meanings assigned by 7 C.F.R. Section 226.2.
(b) To the extent permitted under federal law, a sponsoring
organization shall maintain a performance bond in an amount
specified by department rule from a company holding a certificate
of authority as an acceptable surety on federal bonds from the
United States secretary of the treasury. To determine whether a
company holds a certificate of authority as an acceptable surety on
federal bonds, the department and a sponsoring organization may
rely on the list published by the United States Department of the
Treasury in accordance with 31 C.F.R. Section 223.16.
(c) To the extent permitted under federal law, on
application for participation in the Child and Adult Care Food
Program, a person applying to participate in the program as a
sponsoring organization or other institution must submit to the
department the following with respect to each of the applicant'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) The department may conduct a background and criminal
history check on each principal of an applicant for participation
in the Child and Adult Food Care Program as a sponsoring
organization or other institution using:
(1) the information provided under Subsection (c); and
(2) the information made available by the Department
of Public Safety under Section 411.1146, Government Code, or by the
Federal Bureau of Investigation or other criminal justice agency
under Section 411.087, Government Code.
(e) If the background and criminal history check authorized
under Subsection (d) reveals that an applicant knowingly falsified
statements contained in the application, the department may refer
that matter to an appropriate prosecuting attorney for criminal
prosecution.
(f) The department shall deny an application for
participation in the Child and Adult Care Food Program if a
background and criminal history check authorized under Subsection
(d) reveals that a principal of the applicant 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.
SECTION 3. The changes in law made by this Act apply only to
a person who submits an application to the Department of
Agriculture to participate in the Child and Adult Care Food Program
as a sponsoring organization or other institution on or after the
effective date of this Act. A person who submits an application
before the effective date of this Act is governed by the law in
effect on the date the application was submitted, and the former law
is continued for that purpose.
SECTION 4. This Act takes effect September 1, 2011.