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AN ACT
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relating to the establishment of a home-delivered meal grant |
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program in the Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.042 to read as follows: |
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Sec. 12.042. HOME-DELIVERED MEAL GRANT PROGRAM. (a) The |
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department shall establish a home-delivered meal grant program to |
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benefit homebound elderly and disabled people in this state. The |
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program must be designed to help defray the costs of providing |
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home-delivered meals that are not fully funded by the Department of |
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Aging and Disability Services or an area agency on aging. |
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(b) From funds appropriated for that purpose, the |
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department shall make grants to qualifying organizations that |
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provide home-delivered meals to the homebound elderly and disabled. |
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The department may use not more than five percent of those |
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appropriated funds for the administration of the grant program. |
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(c) An organization applying to the department for a grant |
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under this section must: |
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(1) be a governmental agency or a nonprofit private |
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organization that is exempt from taxation under Section 501(a), |
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Internal Revenue Code of 1986, as an organization described by |
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Section 501(c)(3) of that code, that is a direct provider of |
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home-delivered meals to the elderly or persons with disabilities in |
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this state; |
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(2) if it is a nonprofit private organization, have a |
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volunteer board of directors; |
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(3) practice nondiscrimination; |
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(4) have an accounting system or fiscal agent approved |
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by the county in which it provides meals; |
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(5) have a system to prevent the duplication of |
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services to the organization's clients; and |
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(6) agree to use funds received under this section |
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only to supplement and extend existing services related directly to |
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home-delivered meal services. |
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(d) Before an organization may receive a grant from the |
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department, the county in which the organization provides meals |
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must make a grant to the organization. If the county makes a grant |
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to the organization in an amount that is less than 25 cents for each |
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person at least 60 years of age who resides in the county, according |
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to the most recent federal decennial census, the maximum amount the |
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department may provide to organizations in the county under |
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Subsection (h) is reduced to an amount in proportion to the amount |
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by which the county grant is less than 25 cents for each elderly |
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resident. |
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(e) The department shall require an organization seeking a |
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grant to file an application in a form approved by the department. |
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The application must be notarized and signed by the organization's |
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executive director and board chair, if applicable, be postmarked |
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not later than November 1, and must include: |
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(1) the organization's name and address; |
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(2) the names and titles of the organization's |
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executive director and board chair, if applicable; |
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(3) the name of the county in relation to which the |
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organization is applying; |
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(4) the number of residents at least 60 years of age |
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who reside in that county, according to the most recent federal |
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decennial census; |
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(5) the amount of the grant awarded by that county as |
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required by Subsection (d); |
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(6) the number of meals the organization delivered to |
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elderly or disabled persons in that county during the preceding |
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state fiscal year that were not fully funded for by the Department |
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of Aging and Disability Services or an area agency on aging; |
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(7) appropriate documentation demonstrating that the |
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organization: |
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(A) is a qualifying governmental agency or |
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nonprofit private organization; |
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(B) has been awarded a grant by the county in |
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relation to which the organization is applying, as required by |
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Subsection (d); and |
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(C) has delivered the number of meals reported |
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under Subdivision (6); |
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(8) the organization's most recent financial statement |
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or audited financial report; and |
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(9) a list of the organization's board and officers. |
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(f) An organization that applies for a grant for meals |
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delivered in more than one county must submit a separate |
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application in relation to each county. |
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(g) The department annually shall determine: |
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(1) the total amount of money available for grants |
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under this section; |
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(2) the number of residents at least 60 years of age in |
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this state, according to the most recent federal decennial census; |
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and |
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(3) the number of residents at least 60 years of age in |
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each county in this state, according to the most recent federal |
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decennial census. |
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(h) Except as provided by Subsections (d), (i), and (j), |
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grants from the department to qualifying organizations in a county |
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in a state fiscal year may not exceed an amount determined by the |
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formula: |
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CR x (TD/SR) |
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where: |
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"CR" is the number of residents at least 60 years of age in |
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the county; |
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"TD" is the total amount of money appropriated to the |
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department for that state fiscal year to make grants, less the |
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department's administrative expenses; and |
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"SR" is the number of residents at least 60 years of age in |
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this state. |
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(i) Not later than February 1 of each year, the department |
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shall make a grant to each qualifying organization that has |
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submitted an approved application under this section. Subject to |
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Subsections (d) and (h), the department shall make grants in an |
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amount equal to one dollar for each meal that the organization |
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delivered to homebound elderly or disabled persons in the county in |
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the preceding state fiscal year that was not fully funded for by the |
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Department of Aging and Disability Services or an area agency on |
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aging. If more than one qualifying organization delivers meals in a |
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county, the department shall reduce the grants proportionally to |
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each qualifying organization in that county so that the total |
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amount of the grants to the organizations does not exceed the amount |
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described by Subsection (h). |
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(j) If the total amount of the grants made by the department |
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under Subsection (i) is less than the amount appropriated to fund |
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the program under this section in a state fiscal year, the |
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department shall use the unspent funds to proportionally increase |
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the grants to each qualifying organization. |
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(k) The home-delivered meal fund is an account in the |
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general revenue fund. Money in the account may be appropriated only |
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to the department to award grants under this section and to pay for |
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the operation of the program under this section. |
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(l) These funds shall not be considered by the Texas |
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Department of Aging and Disability Services or the Area Agencies on |
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Aging in setting unit rates. |
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SECTION 2. As soon as practical after the effective date of |
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this Act, the Department of Agriculture shall adopt rules as |
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required by Section 12.042, Agriculture Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 407 was passed by the House on March |
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14, 2007, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 407 on May 3, 2007, by the following vote: Yeas 141, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 407 was passed by the Senate, with |
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I certify that H.B. No. 407 was passed by the Senate, with |
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amendments, on May 1, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |