Texas 2011 - 82nd Regular

Texas Senate Bill SB77 Compare Versions

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1	1	By: Nelson S.B. No. 77
2	2	(Raymond)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain requirements for certain sponsoring
8	8	organizations and other institutions participating in the Child and
9	9	Adult Care Food Program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter F, Chapter 411, Government Code, is
12	12	amended by adding Section 411.1146 to read as follows:
13	13	Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD
14	14	INFORMATION: DEPARTMENT OF AGRICULTURE. (a) The Department of
15	15	Agriculture is entitled to obtain criminal history record
16	16	information maintained by the Department of Public Safety that
17	17	relates to a person who is a principal of a nongovernmental entity
18	18	that is a participant in or applicant for participation in the Child
19	19	and Adult Care Food Program as provided by Section 33.0271(e),
20	20	Human Resources Code.
21	21	(b) Criminal history record information obtained by the
22	22	Department of Agriculture under this section may not be released or
23	23	disclosed to any person except in a criminal proceeding, in an
24	24	administrative proceeding, on court order, or with the consent of
25	25	the person who is the subject of the information.
26	26	SECTION 2. Section 33.026, Human Resources Code, is amended
27	27	by adding Subsection (d) to read as follows:
28	28	(d) For purposes of this section and Sections 33.027 and
29	29	33.0271, "sponsoring organization" has the meaning assigned by 7
30	30	C.F.R. Section 226.2.
31	31	SECTION 3. Chapter 33, Human Resources Code, is amended by
32	32	adding Section 33.0271 to read as follows:
33	33	Sec. 33.0271. CHILD AND ADULT CARE FOOD PROGRAM: PROGRAM
34	34	PARTICIPANT REQUIREMENTS. (a) In this section, "institution" and
35	35	"principal" have the meanings assigned by 7 C.F.R. Section 226.2.
36	36	(b) To the extent permitted under federal law, a sponsoring
37	37	organization shall maintain a performance bond in an amount
38	38	specified by department rule from a company holding a certificate
39	39	of authority as an acceptable surety on federal bonds from the
40	40	United States secretary of the treasury. To determine whether a
41	41	company holds a certificate of authority as an acceptable surety on
42	42	federal bonds, the department and a sponsoring organization may
43	43	rely on the list published by the United States Department of the
44	44	Treasury in accordance with 31 C.F.R. Section 223.16.
45	45	(c) To the extent permitted under federal law, on
46	46	application for or renewal of participation in the Child and Adult
47	47	Care Food Program, a nongovernmental entity applying to participate
48	48	or to renew participation in the program as a sponsoring
49	49	organization or other institution must submit to the department the
50	50	following with respect to each of the entity's principals for use in
51	51	conducting a background and criminal history check:
52	52	(1) a copy of a government-issued form of
53	53	identification of the principal, which may include a copy of:
54	54	(A) a driver's license issued by this state or
55	55	another state;
56	56	(B) an identification card issued by this state,
57	57	another state, or the federal government;
58	58	(C) a passport; or
59	59	(D) another form of identification approved by
60	60	the department; and
61	61	(2) proof of the principal's residential mailing
62	62	address, which may include:
63	63	(A) official mail sent to the principal's address
64	64	from a utility provider, governmental agency, or financial
65	65	institution;
66	66	(B) a residential lease executed by the
67	67	principal; or
68	68	(C) any other form of proof approved by the
69	69	department.
70	70	(d) If there is a change in a principal or the residential
71	71	mailing address of a principal of a nongovernmental entity
72	72	participating in the Child and Adult Care Food Program as a
73	73	sponsoring organization or other institution, the entity must
74	74	submit to the department the same information required under
75	75	Subsection (c) with respect to the principal for use in conducting a
76	76	background and criminal history check.
77	77	(e) The department may conduct a background and criminal
78	78	history check on each principal of an entity subject to this section
79	79	using:
80	80	(1) the information provided under Subsection (c) or
81	81	(d), as applicable; and
82	82	(2) the information made available by the Department
83	83	of Public Safety under Section 411.1146, Government Code, or by the
84	84	Federal Bureau of Investigation or other criminal justice agency
85	85	under Section 411.087, Government Code.
86	86	(f) If the background and criminal history check authorized
87	87	under Subsection (e) using information provided under Subsection
88	88	(c) reveals that an entity knowingly falsified statements contained
89	89	in the application, the department may refer that matter to an
90	90	appropriate prosecuting attorney for criminal prosecution.
91	91	(g) If a background and criminal history check authorized
92	92	under Subsection (e) reveals that the principal of an entity that is
93	93	an applicant for or participant in the Child and Adult Care Food
94	94	Program has been convicted of fraud, violating an antitrust law,
95	95	embezzlement, theft, forgery, bribery, falsification or
96	96	destruction of records, making false statements, receiving stolen
97	97	property, making false claims, obstructing justice, or any other
98	98	criminal offense that indicates a lack of business integrity as
99	99	determined by the department, the department:
100	100	(1) shall deny the entity's application for
101	101	participation in the program; or
102	102	(2) may, at the department's discretion, revoke the
103	103	entity's authority to participate in the program.
104	104	(h) The executive commissioner by rule may establish
105	105	procedures that would allow an entity that had the entity's
106	106	application to participate in the Child and Adult Care Food Program
107	107	denied or authority to participate in the program revoked under
108	108	Subsection (g) to appeal the department's determination under that
109	109	subsection.
110	110	SECTION 4. This Act takes effect September 1, 2011.