S.B. No. 77
 
 
 
 
AN ACT
  relating to certain requirements for certain sponsoring
  organizations and other institutions participating in the Child and
  Adult Care Food Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1146 to read as follows:
         Sec. 411.1146.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  DEPARTMENT OF AGRICULTURE. (a)  The Department of
  Agriculture is entitled to obtain criminal history record
  information maintained by the Department of Public Safety that
  relates to a person who is a principal of a nongovernmental entity
  that is a participant in or applicant for participation in the Child
  and Adult Care Food Program as provided by Section 33.0271(e),
  Human Resources Code.
         (b)  Criminal history record information obtained by the
  Department of Agriculture under this section may not be released or
  disclosed to any person except in a criminal proceeding, in an
  administrative proceeding, on court order, or with the consent of
  the person who is the subject of the information.
         SECTION 2.  Section 33.026, Human Resources Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  For purposes of this section and Sections 33.027 and
  33.0271, "sponsoring organization" has the meaning assigned by 7
  C.F.R. Section 226.2.
         SECTION 3.  Chapter 33, Human Resources Code, is amended by
  adding Section 33.0271 to read as follows:
         Sec. 33.0271.  CHILD AND ADULT CARE FOOD PROGRAM:  PROGRAM
  PARTICIPANT REQUIREMENTS. (a)  In this section, "institution" and
  "principal" have the meanings assigned by 7 C.F.R. Section 226.2.
         (b)  To the extent permitted under federal law, a sponsoring
  organization 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 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, a nongovernmental entity applying to participate
  or to renew participation in the program as a sponsoring
  organization or other institution 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, 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.
         (e)  The department may conduct a background and criminal
  history check on each principal of an entity subject to this section
  using:
               (1)  the information provided under Subsection (c) or
  (d), as applicable; and
               (2)  the information made available by the Department
  of Public Safety under Section 411.1146, Government Code, or by the
  Federal Bureau of Investigation or other criminal justice agency
  under Section 411.087, Government Code.
         (f)  If the background and criminal history check authorized
  under Subsection (e) using information provided under Subsection
  (c) reveals that an entity knowingly falsified statements contained
  in the application, the department may refer that matter to an
  appropriate prosecuting attorney for criminal prosecution.
         (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 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
  denied or authority to participate in the program revoked under
  Subsection (g) to appeal the department's determination under that
  subsection.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 77 passed the Senate on
  March 24, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 77 passed the House on
  May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor