80R4236 MSE-D
 
  By: Watson S.B. No. 286
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a home-delivered meal grant
program in the Department of Agriculture.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 12, Agriculture Code, is amended by
adding Section 12.042 to read as follows:
       Sec. 12.042.  HOME-DELIVERED MEAL GRANT PROGRAM. (a) The
department shall establish a home-delivered meal grant program to
benefit homebound elderly or disabled people in this state.  The
program must be designed to help defray the costs of providing
home-delivered meals that are not fully funded by the Department of
Aging and Disability Services or an area agency on aging.
       (b)  From funds appropriated for that purpose, the
department shall make grants to qualifying organizations that
provide home-delivered meals to the homebound elderly and disabled.  
The department may use not more than five percent of those
appropriated funds for the administration of the grant program.
       (c)  An organization applying to the department for a grant
under this section must:
             (1)  be a governmental agency or a nonprofit private
organization that is exempt from taxation under Section 501(a),
Internal Revenue Code of 1986, as an organization described by
Section 501(c)(3) of that code, that is a direct provider of
home-delivered meals to the elderly or persons with disabilities in
this state;
             (2)  if it is a nonprofit private organization, have a
volunteer board of directors;
             (3)  practice nondiscrimination;
             (4)  have an accounting system or fiscal agent approved
by the county in which it provides meals;
             (5)  have a system to prevent the duplication of
services to the organization's clients; and
             (6)  agree to use funds received under this section
only to supplement and extend existing services related directly to
home-delivered meal services.
       (d)  Before an organization may receive a grant from the
department, the county in which the organization provides meals
must make a grant to the organization.  If the county makes a grant
to the organization in an amount that is less than 25 cents for each
person at least 60 years of age who resides in the county, according
to the most recent federal decennial census, the maximum amount the
department may provide to organizations in the county under
Subsection (h) is reduced to an amount in proportion to the amount
by which the county grant is less than 25 cents for each elderly
resident.
       (e)  The department shall require an organization seeking a
grant to file an application in a form approved by the department.
The application must be notarized and signed by the organization's
executive director and board chair, if applicable, must be
postmarked not later than November 1, and must include:
             (1)  the organization's name and address;
             (2)  the names and titles of the organization's
executive director and board chair, if applicable;
             (3)  the name of the county in relation to which the
organization is applying;
             (4)  the number of residents at least 60 years of age
who reside in that county, according to the most recent federal
decennial census;
             (5)  the amount of the grant awarded by that county as
required by Subsection (d);
             (6)  the number of meals the organization delivered to
elderly or disabled persons in that county during the preceding
state fiscal year that were not fully funded for by the Department
of Aging and Disability Services or an area agency on aging;
             (7)  appropriate documentation demonstrating that the
organization:
                   (A)  is a qualifying governmental agency or
nonprofit private organization;
                   (B)  has been awarded a grant by the county in
relation to which the organization is applying, as required by
Subsection (d); and
                   (C)  has delivered the number of meals reported
under Subdivision (6);
             (8)  the organization's most recent financial statement
or audited financial report; and
             (9)  a list of the organization's board and officers.
       (f)  An organization that applies for a grant for meals
delivered in more than one county must submit a separate
application in relation to each county.
       (g)  The department annually shall determine:
             (1)  the total amount of money available for grants
under this section;
             (2)  the number of residents at least 60 years of age in
this state, according to the most recent federal decennial census;
and
             (3)  the number of residents at least 60 years of age in
each county in this state, according to the most recent federal
decennial census.
       (h)  Except as provided by Subsections (d) and (i), grants
from the department to qualifying organizations in a county in a
state fiscal year may not exceed an amount determined by the
formula:
CR x (TD/SR)
where:
       "CR" is the number of residents at least 60 years of age in
the county;
       "TD" is the total amount of money appropriated to the
department for that state fiscal year to make grants, less the
department's administrative expenses; and
       "SR" is the number of residents at least 60 years of age in
this state.
       (i)  Not later than December 1 of each year, the department
shall make a grant to each qualifying organization that has
submitted an approved application under this section. Subject to
Subsections (d) and (h), the department shall make grants in an
amount equal to one dollar for each meal that the organization
delivered to homebound elderly or disabled persons in the county in
the preceding state fiscal year that was not fully funded by the
Department of Aging and Disability Services or an area agency on
aging. If more than one qualifying organization delivers meals in a
county, the department shall reduce the grants proportionally to
each qualifying organization in that county so that the total
amount of the grants to the organizations does not exceed the amount
described by Subsection (h).
       (j)  If the total amount of the grants made by the department
under Subsection (i) is less than the amount appropriated to fund
the program under this section in a state fiscal year, the
department shall use the unspent funds to proportionally increase
the grants to each qualifying organization.
       (k)  The home-delivered meal fund is an account in the
general revenue fund. Money in the account may be appropriated only
to the department to award grants under this section and to pay for
the operation of the program under this section.
       SECTION 2.  As soon as practical after the effective date of
this Act, the Department of Agriculture shall adopt rules as
required by Section 12.042, Agriculture Code, as added by this Act.
       SECTION 3.  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, 2007.