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SECTION 3. Sections
33.0271(a), (b), (c), (d), (g), and (h), Human Resources Code, are amended
to read as follows:
(a) In this section:
(1) with respect to the
Child and Adult Care Food Program,
"institution" and "principal" have the meanings
assigned by 7 C.F.R. Section 226.2; and
(2) with respect to the summer
food service program:
(A) "principal"
means any individual who holds a management position within, or is an
officer of, a sponsor, including all members
of the sponsor's board of directors; and
(B) "sponsor"
has the meaning assigned by 7 C.F.R. Section 225.2.
(b) To the extent permitted
under federal law, each [a] sponsoring organization and
sponsor shall maintain a performance bond in an amount specified by
department rule from a company holding a certificate of authority as an
acceptable surety on federal bonds from the United States secretary of the
treasury. To determine whether a company holds a certificate of authority
as an acceptable surety on federal bonds, the department, [and]
a sponsoring organization, and a sponsor may rely on the list
published by the United States Department of the Treasury in accordance
with 31 C.F.R. Section 223.16.
(c) To the extent permitted
under federal law, on application for or renewal of participation in the
Child and Adult Care Food Program or summer food service program, a
nongovernmental entity applying to participate or to renew participation in
the Child and Adult Care Food Program [program] as a
sponsoring organization or other institution, or in the summer food
service program as a sponsor, must submit to the department the
following with respect to each of the entity's principals for use in
conducting a background and criminal history check:
(1) a copy of a
government-issued form of identification of the principal, which may
include a copy of:
(A) a driver's license
issued by this state or another state;
(B) an identification card
issued by this state, another state, or the federal government;
(C) a passport; or
(D) another form of
identification approved by the department; and
(2) proof of the principal's
residential mailing address, which may include:
(A) official mail sent to
the principal's address from a utility provider, governmental agency, or
financial institution;
(B) a residential lease
executed by the principal; or
(C) any other form of proof
approved by the department.
(d) If there is a change in
a principal or the residential mailing address of a principal of a
nongovernmental entity participating in the Child and Adult Care Food
Program as a sponsoring organization or other institution, or in the
summer food service program as a sponsor, the entity must submit to the
department the same information required under Subsection (c) with respect
to the principal for use in conducting a background and criminal history
check.
(g) If a background and
criminal history check authorized under Subsection (e) reveals that the
principal of an entity that is an applicant for or participant in the Child
and Adult Care Food Program or summer food service program has been
convicted of fraud, violating an antitrust law, embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, obstructing
justice, or any other criminal offense that indicates a lack of business
integrity as determined by the department, the department:
(1) shall deny the entity's
application for participation in the program; or
(2) may, at the department's
discretion, revoke the entity's authority to participate in the program.
(h) The executive
commissioner by rule may establish procedures that would allow an entity
that had the entity's application to participate in the Child and Adult
Care Food Program or summer food service program denied or authority
to participate in the program revoked under Subsection (g) to appeal the
department's determination under that subsection.
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SECTION 3. Sections
33.0271(a), (c), (d), (g), and (h), Human Resources Code, are amended to
read as follows:
(a) In this section:
(1) with respect to the
Child and Adult Care Food Program:
(A) [,]
"institution" has [and "principal" have]
the meaning [meanings] assigned by 7 C.F.R. Section 226.2;
and
(B) "principal" means any individual who holds a
management position with, or is an officer of, an institution, other than a
person whose only role for the institution is serving as a member, other
than the chair, of the institution's board of directors; and
(2) with respect to the
summer food service program:
(A) "principal"
means any individual who holds a management position with, or is an officer
of, a sponsor, other than a person whose only
role for the sponsor is serving as a member, other than the chair, of
the sponsor's board of directors; and
(B) "sponsor"
has the meaning assigned by 7 C.F.R. Section 225.2.
No
equivalent provision.
(c) To the extent permitted
under federal law, on application for or renewal of participation in the
Child and Adult Care Food Program or summer food service program, a
nongovernmental entity applying to participate or to renew participation in
the Child and Adult Care Food Program [program] as a
sponsoring organization or other institution, or in the summer food
service program as a sponsor, must submit to the department the
following with respect to each of the entity's principals for use in
conducting a background and criminal history check:
(1) a copy of a
government-issued form of identification of the principal, which may
include a copy of:
(A) a driver's license
issued by this state or another state;
(B) an identification card
issued by this state, another state, or the federal government;
(C) a passport; or
(D) another form of
identification approved by the department; and
(2) proof of the principal's
residential mailing address, which may include:
(A) official mail sent to
the principal's address from a utility provider, governmental agency, or
financial institution;
(B) a residential lease
executed by the principal; or
(C) any other form of proof
approved by the department.
(d) If there is a change in
a principal or the residential mailing address of a principal of a
nongovernmental entity participating in the Child and Adult Care Food
Program as a sponsoring organization or other institution, or in the
summer food service program as a sponsor, the entity must submit to the
department the same information required under Subsection (c) with respect
to the principal for use in conducting a background and criminal history
check.
(g) If a background and
criminal history check authorized under Subsection (e) reveals that the
principal of an entity that is an applicant for or participant in the Child
and Adult Care Food Program or summer food service program has been
convicted of fraud, violating an antitrust law, embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, receiving stolen property, making false claims, obstructing
justice, or any other criminal offense that indicates a lack of business
integrity as determined by the department, the department:
(1) shall deny the entity's
application for participation in the program; or
(2) may, at the department's
discretion, revoke the entity's authority to participate in the program.
(h) The executive
commissioner by rule may establish procedures that would allow an entity
that had the entity's application to participate in the Child and Adult
Care Food Program or summer food service program denied or authority
to participate in the program revoked under Subsection (g) to appeal the
department's determination under that subsection.
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