By Van de Putte                                        S.B. No. 334
         77R1251 KKA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the summer food service program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Sections 33.024(e), (g), (h), and (m), Human
 1-5     Resources Code, are amended to read as follows:
 1-6           (e)  School district facilities shall be utilized for the
 1-7     summer program unless[:]
 1-8                 [(1)]  the district provides documentation, verified by
 1-9     the department and the agency, showing that the cost to the
1-10     district exceeds the funds available for the summer program[;]  or
1-11     showing
1-12                 [(2)  the Department of Human Services verifies] that
1-13     the program will operate at adequate alternative facilities.  In
1-14     cooperation with the field offices, the department and the agency
1-15     shall jointly develop criteria to be used in determining whether
1-16     alternative facilities are adequate.  The department and the agency
1-17     shall include information relating to the developed criteria in the
1-18     notification provided to school districts under Subsection (d).
1-19           (g)  A waiver under Subsection (f) may be granted by the
1-20     department and the agency[,] to a school district if:
1-21                 (1)  the district demonstrates to the department and
1-22     the agency that:
1-23                       (A)  there are fewer than 100 children in the
1-24     district currently eligible for free or reduced-price meals;
 2-1                       (B)  transportation remains an insurmountable
 2-2     obstacle despite consultation by the district with public transit
 2-3     providers;
 2-4                       (C)  the district is unable to operate a summer
 2-5     program due to renovation or construction within the district and
 2-6     an appropriate alternative provider or site is not available; or
 2-7                       (D)  the district is unable to operate a summer
 2-8     program due to other extenuating circumstances and an appropriate
 2-9     alternative provider or site is not available; and
2-10                 (2)  the district provides [works with] the field
2-11     offices with a list of [to identify] other persons and agencies in
2-12     the district who were contacted as potential providers or sites for
2-13     the summer program.
2-14           (h)  The department and the agency may not grant [If the
2-15     school district has requested] a waiver under Subsection (f) until
2-16     the school district and [has been unable to provide a list of
2-17     possible sponsors to the department,] the field office have worked
2-18     together [offices shall continue efforts] to locate an alternative
2-19     sponsor for the summer program or have jointly determined that an
2-20     alternative sponsor is unavailable.
2-21           (m)  The department shall administer a grant program from
2-22     funds appropriated or otherwise made available for that purpose.
2-23     The department shall design the grant program [designed] to:
2-24                 (1)  encourage eligible organizations to serve as local
2-25     sponsors [or meal preparation sites] for the summer program by
2-26     awarding a financial supplement for each meal served; and
2-27                 (2)  encourage increased program participation by
 3-1     awarding  bonuses to local sponsors who serve a number of meals
 3-2     during a summer that is at least 10 percent higher than the number
 3-3     of meals the sponsor served during the previous summer [from funds
 3-4     appropriated or otherwise made available for that purpose].
 3-5           SECTION 2.  This Act takes effect September 1, 2001.