By: King of Uvalde, Moody (Senate Sponsor - Perry) H.B. No. 3944

(In the Senate - Received from the House May 13, 2015; May 14, 2015, read first time and referred to Committee on Agriculture, Water, and Rural Affairs; May 24, 2015, reported favorably by the following vote: Yeas 6, Nays 0; May 24, 2015, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to judicial review of final orders arising out of nutritional programs administrated by the Texas Department of Agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.0025, Agriculture Code, is amended to read as follows:

Sec. 12.0025. NUTRITION PROGRAMS. (a) The department shall administer the following federal and state nutrition programs:

(1) the commodity supplemental food program under 7 U.S.C. Section 612c;

(2) the food distribution program under 7 U.S.C. Section 612c;

(3) the emergency food assistance program under 7 U.S.C. Section 7501 et seq.;

(4) the school lunch program under 42 U.S.C. Section 1751 et seq.;

(5) the summer food service program under 42 U.S.C. Section 1761;

(6) the child and adult care food program under 42 U.S.C. Section 1766;

(7) the special milk program under 42 U.S.C. Section 1772; and

(8) the school breakfast program under 42 U.S.C. Section 1773.

(b) A decision of the department's administrative review official or the State Office of Administrative Hearings is the final administrative determination of the department and not subject to judicial review.

SECTION 2. 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, 2015.

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