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