| 1 | 1 | | By: King of Uvalde, Moody (Senate Sponsor - Perry) H.B. No. 3944 |
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| 2 | 2 | | (In the Senate - Received from the House May 13, 2015; |
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| 3 | 3 | | May 14, 2015, read first time and referred to Committee on |
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| 4 | 4 | | Agriculture, Water, and Rural Affairs; May 24, 2015, reported |
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| 5 | 5 | | favorably by the following vote: Yeas 6, Nays 0; May 24, 2015, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to judicial review of final orders arising out of |
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| 13 | 13 | | nutritional programs administrated by the Texas Department of |
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| 14 | 14 | | Agriculture. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 12.0025, Agriculture Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | Sec. 12.0025. NUTRITION PROGRAMS. (a) The department |
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| 19 | 19 | | shall administer the following federal and state nutrition |
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| 20 | 20 | | programs: |
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| 21 | 21 | | (1) the commodity supplemental food program under 7 |
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| 22 | 22 | | U.S.C. Section 612c; |
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| 23 | 23 | | (2) the food distribution program under 7 U.S.C. |
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| 24 | 24 | | Section 612c; |
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| 25 | 25 | | (3) the emergency food assistance program under 7 |
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| 26 | 26 | | U.S.C. Section 7501 et seq.; |
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| 27 | 27 | | (4) the school lunch program under 42 U.S.C. Section |
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| 28 | 28 | | 1751 et seq.; |
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| 29 | 29 | | (5) the summer food service program under 42 U.S.C. |
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| 30 | 30 | | Section 1761; |
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| 31 | 31 | | (6) the child and adult care food program under 42 |
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| 32 | 32 | | U.S.C. Section 1766; |
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| 33 | 33 | | (7) the special milk program under 42 U.S.C. Section |
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| 34 | 34 | | 1772; and |
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| 35 | 35 | | (8) the school breakfast program under 42 U.S.C. |
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| 36 | 36 | | Section 1773. |
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| 37 | 37 | | (b) A decision of the department's administrative review |
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| 38 | 38 | | official or the State Office of Administrative Hearings is the |
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| 39 | 39 | | final administrative determination of the department and not |
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| 40 | 40 | | subject to judicial review. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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| 46 | 46 | | * * * * * |
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