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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for sponsoring organizations and |
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other institutions participating in the Child and Adult Care Food |
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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 an applicant for |
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participation in the Child and Adult Care Food Program as provided |
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by Section 33.0271(d), 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. 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 participation in the Child and Adult Care Food |
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Program, a person applying to participate in the program as a |
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sponsoring organization or other institution must submit to the |
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department the following with respect to each of the applicant's |
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principals for use in conducting a background and criminal history |
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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) The department may conduct a background and criminal |
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history check on each principal of an applicant for participation |
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in the Child and Adult Food Care Program as a sponsoring |
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organization or other institution using: |
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(1) the information provided under Subsection (c); 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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(e) If the background and criminal history check authorized |
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under Subsection (d) reveals that an applicant knowingly falsified |
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statements contained in the application, the department may refer |
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that matter to an appropriate prosecuting attorney for criminal |
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prosecution. |
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(f) The department shall deny an application for |
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participation in the Child and Adult Care Food Program if a |
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background and criminal history check authorized under Subsection |
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(d) reveals that a principal of the applicant has been convicted of |
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fraud, violating an antitrust law, embezzlement, theft, forgery, |
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bribery, falsification or destruction of records, making false |
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statements, receiving stolen property, making false claims, |
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obstructing justice, or any other criminal offense that indicates a |
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lack of business integrity as determined by the department. |
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SECTION 3. The changes in law made by this Act apply only to |
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a person who submits an application to the Department of |
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Agriculture to participate in the Child and Adult Care Food Program |
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as a sponsoring organization or other institution on or after the |
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effective date of this Act. A person who submits an application |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was submitted, and the former law |
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is continued for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |