By Maxey H.B. No. 937
76R3476 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer and operation of certain child and adult
1-3 nutrition programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.021, Education Code, is amended by
1-6 adding Subsection (d) to read as follows:
1-7 (d) The agency shall administer federal nutrition programs
1-8 as otherwise required by law.
1-9 SECTION 2. Subchapter B, Chapter 7, Education Code, is
1-10 amended by adding Section 7.025 to read as follows:
1-11 Sec. 7.025. SUMMER FOOD SERVICE PROGRAM. (a) The agency
1-12 shall ensure that children residing in school districts in which 60
1-13 percent or more of the children are educationally disadvantaged
1-14 have access to meals provided through the federal Summer Food
1-15 Service Program. The agency shall also make the program available
1-16 to as many other eligible children as possible through encouraging
1-17 other school districts and appropriate entities, including local
1-18 governments, colleges, churches, and nonprofit agencies, to serve
1-19 as program sponsors. The commissioner shall designate an agency
1-20 employee to coordinate activities necessary to comply with this
1-21 subsection.
1-22 (b) Annually the agency shall identify each school district
1-23 described by Subsection (a). Not later than November 30 of each
1-24 year, the agency shall notify each identified district without a
2-1 program sponsor of the district's responsibility to provide or
2-2 arrange for the provision of a program during the following
2-3 summer.
2-4 (c) Not later than January 31 of the following year, each
2-5 notified school district shall respond to the agency and indicate
2-6 the district's intent to operate a program during the following
2-7 summer or request a waiver under Subsection (d).
2-8 (d) The commissioner may waive the requirement that a school
2-9 district operate a program if:
2-10 (1) the district demonstrates that:
2-11 (A) there are fewer than 100 educationally
2-12 disadvantaged children in the district;
2-13 (B) transportation remains an insurmountable
2-14 obstacle despite consultation by the district with public transit
2-15 providers;
2-16 (C) the district is unable to operate a program
2-17 due to renovation or construction within the district and an
2-18 appropriate alternative provider or site is not available; or
2-19 (D) the district is unable to operate a program
2-20 due to other extenuating circumstances and an appropriate
2-21 alternative provider or site is not available; and
2-22 (2) the district works with the agency to identify
2-23 other persons and agencies in the district who were contacted as
2-24 potential providers or sites for the program.
2-25 (e) The agency shall adopt and publish rules and procedures
2-26 for obtaining a waiver under Subsection (d). A waiver is valid for
2-27 a one-year period.
3-1 (f) If a school district has requested a waiver under
3-2 Subsection (d) and has been unable to provide a list of possible
3-3 sponsors to the agency, the agency shall continue efforts to locate
3-4 an alternative sponsor for the program.
3-5 (g) School district facilities shall be used for the program
3-6 unless:
3-7 (1) the district provides documentation, verified by
3-8 the agency, showing that the cost to the district exceeds the
3-9 funds available for the program; or
3-10 (2) the agency verifies that the program will operate
3-11 at adequate alternative facilities.
3-12 (h) The agency shall coordinate and combine administrative
3-13 procedures relating to the program with agency administrative
3-14 procedures relating to other school district nutritional programs
3-15 so that a district may use a single administrative system to
3-16 participate in all nutritional programs.
3-17 (i) Not later than November 1 of each even-numbered year,
3-18 the agency shall provide to the Governor's Office of Budget and
3-19 Planning, the Legislative Budget Board, and the state auditor a
3-20 report that includes:
3-21 (1) a listing of school districts identified under
3-22 Subsection (b) that have become sponsors of a program;
3-23 (2) a listing of school districts identified under
3-24 Subsection (b) that failed to satisfy the requirements of this
3-25 section; and
3-26 (3) the costs, other than amounts compensated by
3-27 federal funds, incurred by school districts and the state to comply
4-1 with this section.
4-2 (j) The agency shall notify members of the legislature and
4-3 the standing committees of the senate and house of representatives
4-4 having primary jurisdiction over the agency of the filing of the
4-5 report.
4-6 SECTION 3. Chapter 33, Human Resources Code, is amended by
4-7 adding Section 33.026 to read as follows:
4-8 Sec. 33.026. CHILD AND ADULT CARE FOOD PROGRAM. (a) In
4-9 administering the federal Child and Adult Care Food Program, the
4-10 department shall, unless prohibited by federal law, permit a
4-11 sponsoring organization or other person participating in the
4-12 program to submit applications and other required information to
4-13 the department in an electronic format or through the use of
4-14 electronically produced forms.
4-15 (b) The department may implement Subsection (a) by
4-16 developing necessary computer systems or by using computer systems
4-17 developed or made available for that purpose by a sponsoring
4-18 organization or other appropriate person.
4-19 (c) Before adopting or changing a department rule, policy,
4-20 or policy interpretation relating to the federal Child and Adult
4-21 Care Food Program, the department shall submit the proposed action
4-22 to the department's advisory committee on that program for comment,
4-23 unless immediate action is required by federal law. If immediate
4-24 action is required by federal law, the department shall submit the
4-25 action for comment at the earliest possible date.
4-26 (d) The department shall provide written notice to each
4-27 sponsoring organization of any modification or clarification of
5-1 department rules, policies, or policy interpretations relating to
5-2 the federal Child and Adult Care Food Program.
5-3 (e) The department's advisory committee on the federal Child
5-4 and Adult Care Food Program may:
5-5 (1) conduct public hearings in accordance with
5-6 department procedures;
5-7 (2) refer issues relating to the program to the board
5-8 for discussion; and
5-9 (3) recommend modifications to the department's
5-10 training programs for sponsoring organizations and other persons
5-11 participating in the program.
5-12 SECTION 4. (a) On January 1, 2000, or an earlier date
5-13 provided by an interagency agreement between the Texas Department
5-14 of Human Services and the Texas Education Agency:
5-15 (1) all powers, duties, functions, and activities
5-16 relating to the federal Summer Food Service Program assigned to or
5-17 performed by the Texas Department of Human Services immediately
5-18 before January 1, 2000, are transferred to the Texas Education
5-19 Agency;
5-20 (2) all funds, obligations, and contracts of the Texas
5-21 Department of Human Services related to the federal Summer Food
5-22 Service Program are transferred to the Texas Education Agency;
5-23 (3) except as provided by Subsection (b) of this
5-24 section, all property and records in the custody of the Texas
5-25 Department of Human Services related to the federal Summer Food
5-26 Service Program and all funds appropriated by the legislature for
5-27 that program are transferred to the Texas Education Agency; and
6-1 (4) all employees of the Texas Department of Human
6-2 Services who primarily perform duties related to the federal Summer
6-3 Food Service Program become employees of the Texas Education
6-4 Agency, to be assigned duties by the commissioner of education.
6-5 (b) By interagency agreement, the Texas Department of Human
6-6 Services and the Texas Education Agency shall:
6-7 (1) transfer electronic information and automated
6-8 information systems relating to the federal Summer Food Service
6-9 Program from the Texas Department of Human Services to the Texas
6-10 Education Agency or make other arrangements for the use of such
6-11 information and systems by the Texas Education Agency; and
6-12 (2) seek to minimize changes in the geographical
6-13 employment locations of employees who are transferred from the
6-14 Texas Department of Human Services to the Texas Education Agency
6-15 under this Act.
6-16 (c) A rule or form adopted by the Texas Department of Human
6-17 Services that relates to the federal Summer Food Service Program is
6-18 a rule or form of the Texas Education Agency and remains in effect
6-19 until altered by the agency. The secretary of state is authorized
6-20 to adopt rules as necessary to expedite the implementation of this
6-21 subsection.
6-22 (d) A reference in law to the Texas Department of Human
6-23 Services that relates to the federal Summer Food Service Program
6-24 means the Texas Education Agency.
6-25 SECTION 5. (a) The transfer of powers, duties, functions,
6-26 programs, and activities under this Act does not affect or impair
6-27 any act done, any obligation, right, order, license, permit, rule,
7-1 criterion, standard, or requirement existing, any investigation
7-2 begun, or any penalty accrued under former law, and that law
7-3 remains in effect for any action concerning those matters.
7-4 (b) An action brought or proceeding commenced before the
7-5 effective date of this Act, including a contested case or a remand
7-6 of an action or proceeding by a reviewing court, is governed by the
7-7 law and rules applicable to the action or proceeding before the
7-8 effective date of this Act.
7-9 SECTION 6. Section 33.024, Human Resources Code, is
7-10 repealed.
7-11 SECTION 7. (a) Except as provided by Subsection (b) of this
7-12 section, this Act takes effect September 1, 1999.
7-13 (b) Sections 2 and 6 of this Act take effect January 1,
7-14 2000.
7-15 SECTION 8. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.