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  H.B. No. 4062
 
 
 
 
AN ACT
  relating to the enforcement and administration of certain programs
  by the Department of Agriculture.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.0025 to read as follows:
         Sec. 12.0025.  NUTRITION PROGRAMS.  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.
         SECTION 2.  Section 12.020(c), Agriculture Code, as amended
  by Chapter 374 and 1124, Acts of the 77th Legislature, Regular
  Session, 2001, is reenacted to read as follows:
         (c)  The provisions of this code subject to this section and
  the applicable penalty amounts are as follows:
 
          Provision Amount of Penalty
 
Chapter 41 $1,000
 
Chapters 13, 14A, 18, 46, 61, 94,
 
95, 101, 102, 103, 121, 125, 132,
 
and 134 not more than $500
 
Subchapter B, Chapter 71
 
Chapter 19
 
Chapter 76 not more than $2,000
 
Subchapters A and C, Chapter 71
 
Chapters 72, 73, and 74 not more than $5,000
 
Chapter 14 not more than $10,000.
         SECTION 3.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.042 to read as follows:
         Sec. 12.042.  TRANS-FATTY ACID STUDY.  (a)  Not later than
  December 1, 2008, the department shall prepare and submit a report
  to the governor, lieutenant governor, speaker of the house of
  representatives, and appropriate standing committees of the
  legislature containing information on the department's and the
  United States Department of Agriculture's steps to reduce
  trans-fatty acids from all school meals and nutrition programs.  
  The report shall detail all initiatives, proposals, and programs
  that the department and the United States Department of Agriculture
  are then currently conducting or planning to conduct and include
  the department's recommendations for legislative action to assist
  in reducing trans-fatty acids from school meals.
         (b)  This section expires December 2, 2008.
         SECTION 4.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.043 to read as follows:
         Sec. 12.043.  STUDY REGARDING PARTICIPATION IN BREAKFAST
  PROGRAM. (a) In this section, "breakfast program" means the
  national school breakfast program provided for by the Child
  Nutrition Act of 1966 (42 U.S.C. Section 1773).
         (b)  The department shall identify methods for increasing
  the number of students who eat breakfast, including:
               (1)  conducting a cost-benefit analysis in a sample of
  school districts in which 60 percent or more of the students qualify
  for free or reduced-price breakfast to determine the impact of
  providing a free breakfast to:
                     (A)  students who would otherwise pay a reduced
  price for breakfast; and
                     (B)  all students in the district regardless of
  family income;
               (2)  identifying programs and practices in school
  districts in this state and other states that are effective in
  increasing participation in the breakfast program; and
               (3)  providing information at the beginning of the
  school year to students and parents about the importance of eating
  breakfast.
         (c)  The cost-benefit analysis required under Subsection (b)
  must assess:
               (1)  administrative costs to a school district;
               (2)  federal reimbursement made to a school district
  for free or reduced-price breakfast;
               (3)  cost per breakfast to a school district; and
               (4)  participation of students in the breakfast
  program.
         (d)  Not later than October 31, 2008, the commissioner shall
  prepare and deliver a report describing the results of the study to
  the governor, the lieutenant governor, and the speaker of the house
  of representatives. The report must:
               (1)  include the cost-benefit analysis required under
  Subsection (b);
               (2)  outline effective programs and practices
  identified under Subsection (b); and
               (3)  recommend to the legislature methods for
  increasing participation in the breakfast program.
         (e)  This section expires January 1, 2009.
         SECTION 5.  Chapter 33, Human Resources Code, is amended by
  adding Sections 33.0005 and 33.0006 to read as follows:
         Sec. 33.0005.  DEFINITIONS.  In this chapter:
               (1)  "Department" means:
                     (A)  with respect to the food stamp program, the
  Health and Human Services Commission; and
                     (B)  with respect to any other nutritional
  assistance program or special nutrition program listed in
  Subdivision (3), the Health and Human Services Commission or the
  agency of this state that operates the program, as applicable.
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission, or the
  chief administrative officer of an agency of this state operating a
  nutritional assistance program, as applicable.
               (3)  "Nutritional assistance program" or "special
  nutrition program" includes the following programs authorized by
  federal law that provide nutritional assistance to needy
  individuals in this state:
                     (A)  the food stamp program;
                     (B)  the child and adult care food program;
                     (C)  the summer food service program;
                     (D)  the food distribution program;
                     (E)  the emergency food assistance program; and
                     (F)  the commodity supplemental food program.
         Sec. 33.0006.  OPERATION OF FOOD STAMP PROGRAM.  The Health
  and Human Services Commission operates the food stamp program.
         SECTION 6.  Sections 33.002(b) and (e), Human Resources
  Code, are amended to read as follows:
         (b)  The department may enter into agreements with federal
  agencies that are required as a prerequisite to the allocation of
  the commodities or food stamps.  The department may enter into
  agreements with eleemosynary institutions, schools, and other
  eligible agencies and recipients of the commodities and food
  stamps.  The department administering the distribution of federal
  surplus commodities and other resources may cooperate with a
  municipality or county as necessary to properly administer that
  distribution.
         (e)  The department [Texas Department of Human Services]
  shall screen all applicants for expedited issuance on a priority
  basis within one working day.  Applicants who meet the federal
  criteria for expedited issuance and have an immediate need for food
  assistance shall receive either a manual Authorization-to-Purchase
  card or the immediate issuance of food stamp coupons within one
  working day.
         SECTION 7.  Section 33.004(b), Human Resources Code, is
  amended to read as follows:
         (b)  The advisory boards shall be of the size, membership,
  and experience that the executive commissioner determines to be
  essential for the accomplishment of the purposes of this chapter
  and not in conflict with or duplicative of other laws on this
  subject.
         SECTION 8.  Section 33.013(c), Human Resources Code, is
  amended to read as follows:
         (c)  Where emergency food programs do not exist, the
  department [Texas Department of Human Services] office shall assist
  community groups in establishing emergency food assistance
  programs.
         SECTION 9.  Section 33.024(e), Human Resources Code, is
  amended to read as follows:
         (e)  School district facilities shall be utilized for the
  summer program unless:
               (1)  the district provides documentation, verified by
  the department and the agency, showing that the cost to the district
  exceeds the funds available for the summer program; or
               (2)  the department [Department of Human Services]
  verifies that the program will operate at adequate alternative
  facilities.
         SECTION 10.  Section 12.0012, Agriculture Code, as added by
  Chapter 369, Acts of the 78th Legislature, Regular Session, 2003,
  is repealed.
         SECTION 11.  All records, contracts, assets, personal
  property, and personnel of the Health and Human Services Commission
  associated with or engaged in the administration of a nutrition
  program transferred to the Department of Agriculture by this Act
  are transferred to the Department of Agriculture.
         SECTION 12.  A rule or form adopted by the Health and Human
  Services Commission for the administration of a federal or state
  nutrition program transferred by this Act is a rule or form of the
  Department of Agriculture until changed by the Department of
  Agriculture.
         SECTION 13.  If before implementing any provision of this
  Act an agency of this state determines that a waiver or
  authorization from a federal agency is necessary for implementation
  of that provision, the agency affected by the provision shall
  request the waiver or authorization and may delay the
  implementation of that provision until the waiver or authorization
  is granted.
         SECTION 14.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4062 was passed by the House on April
  25, 2007, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4062 on May 24, 2007, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4062 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor