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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for certain sponsoring |
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organizations and other institutions participating in the Child and |
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Adult Care Food Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1146 to read as follows: |
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Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF AGRICULTURE. (a) The Department of |
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Agriculture is entitled to obtain criminal history record |
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information maintained by the Department of Public Safety that |
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relates to a person who is a principal of a nongovernmental entity |
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that is a participant in or applicant for participation in the Child |
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and Adult Care Food Program as provided by Section 33.0271(e), |
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Human Resources Code. |
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(b) Criminal history record information obtained by the |
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Department of Agriculture under this section may not be released or |
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disclosed to any person except in a criminal proceeding, in an |
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administrative proceeding, on court order, or with the consent of |
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the person who is the subject of the information. |
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SECTION 2. Section 33.026, Human Resources Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) For purposes of this section and Sections 33.027 and |
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33.0271, "sponsoring organization" has the meaning assigned by 7 |
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C.F.R. Section 226.2. |
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SECTION 3. Chapter 33, Human Resources Code, is amended by |
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adding Section 33.0271 to read as follows: |
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Sec. 33.0271. CHILD AND ADULT CARE FOOD PROGRAM: PROGRAM |
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PARTICIPANT REQUIREMENTS. (a) In this section, "institution" and |
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"principal" have the meanings assigned by 7 C.F.R. Section 226.2. |
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(b) To the extent permitted under federal law, a sponsoring |
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organization shall maintain a performance bond in an amount |
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specified by department rule from a company holding a certificate |
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of authority as an acceptable surety on federal bonds from the |
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United States secretary of the treasury. To determine whether a |
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company holds a certificate of authority as an acceptable surety on |
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federal bonds, the department and a sponsoring organization may |
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rely on the list published by the United States Department of the |
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Treasury in accordance with 31 C.F.R. Section 223.16. |
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(c) To the extent permitted under federal law, on |
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application for or renewal of participation in the Child and Adult |
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Care Food Program, a nongovernmental entity applying to participate |
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or to renew participation in the program as a sponsoring |
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organization or other institution must submit to the department the |
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following with respect to each of the entity's principals for use in |
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conducting a background and criminal history check: |
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(1) a copy of a government-issued form of |
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identification of the principal, which may include a copy of: |
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(A) a driver's license issued by this state or |
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another state; |
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(B) an identification card issued by this state, |
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another state, or the federal government; |
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(C) a passport; or |
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(D) another form of identification approved by |
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the department; and |
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(2) proof of the principal's residential mailing |
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address, which may include: |
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(A) official mail sent to the principal's address |
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from a utility provider, governmental agency, or financial |
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institution; |
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(B) a residential lease executed by the |
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principal; or |
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(C) any other form of proof approved by the |
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department. |
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(d) If there is a change in a principal or the residential |
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mailing address of a principal of a nongovernmental entity |
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participating in the Child and Adult Care Food Program as a |
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sponsoring organization or other institution, the entity must |
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submit to the department the same information required under |
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Subsection (c) with respect to the principal for use in conducting a |
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background and criminal history check. |
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(e) The department may conduct a background and criminal |
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history check on each principal of an entity subject to this section |
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using: |
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(1) the information provided under Subsection (c) or |
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(d), as applicable; and |
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(2) the information made available by the Department |
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of Public Safety under Section 411.1146, Government Code, or by the |
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Federal Bureau of Investigation or other criminal justice agency |
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under Section 411.087, Government Code. |
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(f) If the background and criminal history check authorized |
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under Subsection (e) using information provided under Subsection |
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(c) reveals that an entity knowingly falsified statements contained |
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in the application, the department may refer that matter to an |
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appropriate prosecuting attorney for criminal prosecution. |
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(g) If a background and criminal history check authorized |
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under Subsection (e) reveals that the principal of an entity that is |
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an applicant for or participant in the Child and Adult Care Food |
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Program has been convicted of fraud, violating an antitrust law, |
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embezzlement, theft, forgery, bribery, falsification or |
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destruction of records, making false statements, receiving stolen |
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property, making false claims, obstructing justice, or any other |
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criminal offense that indicates a lack of business integrity as |
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determined by the department, the department: |
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(1) shall deny the entity's application for |
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participation in the program; or |
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(2) may, at the department's discretion, revoke the |
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entity's authority to participate in the program. |
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(h) The executive commissioner by rule may establish |
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procedures that would allow an entity that had the entity's |
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application to participate in the Child and Adult Care Food Program |
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denied or authority to participate in the program revoked under |
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Subsection (g) to appeal the department's determination under that |
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subsection. |
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SECTION 4. This Act takes effect September 1, 2011. |