S.B. No. 77
AN ACT
relating to certain requirements for certain 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 a nongovernmental entity
that is a participant in or applicant for participation in the Child
and Adult Care Food Program as provided by Section 33.0271(e),
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. Section 33.026, Human Resources Code, is amended
by adding Subsection (d) to read as follows:
(d) For purposes of this section and Sections 33.027 and
33.0271, "sponsoring organization" has the meaning assigned by 7
C.F.R. Section 226.2.
SECTION 3. 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 or renewal of participation in the Child and Adult
Care Food Program, a nongovernmental entity applying to participate
or to renew participation in the program as a sponsoring
organization or other institution 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, 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.
(e) The department may conduct a background and criminal
history check on each principal of an entity subject to this section
using:
(1) the information provided under Subsection (c) or
(d), as applicable; 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.
(f) If the background and criminal history check authorized
under Subsection (e) using information provided under Subsection
(c) reveals that an entity knowingly falsified statements contained
in the application, the department may refer that matter to an
appropriate prosecuting attorney for criminal prosecution.
(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 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
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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 77 passed the Senate on
March 24, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 77 passed the House on
May 23, 2011, by the following vote: Yeas 142, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor