HBA-NMO, PDH, MPM H.B. 937 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 937
By: Maxey
Public Education
9/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, two different state agencies administered
federally-funded food service programs.  The Texas Education Agency (TEA)
administered the National School Lunch Program and the School Breakfast
Program for public schools and the Texas Department of Human Services (DHS)
administered the Summer Food Service Program.  However, federal legislation
(H.R. 3874) requires a state agency that administers any combination of
child nutrition programs to maintain a single application and reimbursement
procedure for all of the programs.  H.B. 937 transfers the administration
of the Summer Food Service Program from DHS to TEA. Additionally, this bill
requires TEA to seek sponsors for the summer food programs in order to make
the program available to as many children as possible.   

DHS also administers the federally funded Child and Adult Care Food Program
(CACFP).  Prior to the 76th Legislature, DHS would not accept any form
electronically.  H.B. 937 requires DHS to accept applications and other
pertinent information electronically and to accept electronically created
forms. This bill also requires a change or clarification in DHS's
interpretation of policy to be reviewed by the CACFP advisory committee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
office, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.024, Human Resources Code, by adding
Subsections (k)-(m), as follows: 

(k) Requires the Department of Human Services (DHS) to develop and
implement an outreach program (program) to increase participation in the
Summer Food Service Program (summer program) if funds are appropriated or
otherwise made available for that purpose. Requires DHS to design the
program to increase participation of children from low-income families and
the number of summer programs offered across this state; encourage school
districts (districts) and public and private nonprofit agencies to form
partnerships to develop summer programs that combine educational
activities; and promote any other goal established by DHS relating to
increased participation in the summer program. 

(l)  Provides that the program required by Subsection (k) must target
communities and schools with the highest percentage of eligible children
and include presentations to public schools, public entities, and private
nonprofit agencies eligible for program participation; dissemination of
information regarding eligibility requirements and application procedures;
continual support and technical assistance to existing programs; and public
service announcements publicizing the summer program. 

(m)  Requires DHS to administer a grant program designed to encourage
eligible organizations to serve as local sponsors or meal preparation sites
for the summer program by awarding a financial supplement for each meal
served from funds appropriated or otherwise made available for that
purpose. 
 
SECTION 2.  Amends Chapter 33, Human Resources Code, by adding Section
33.026, as follows: 

Sec. 33.026.  CHILD AND ADULT CARE FOOD PROGRAM: REQUIRED NOTICES AND
ADVISORY COMMITTEE AUTHORITY. (a)  Requires DHS, before adopting or
changing DHS rule or policy relating to the federal Child and Adult Care
Food Program (CACFP), to submit the proposed action to DHS' advisory
committee on that program for comment, unless immediate action is required
by federal law, in which case DHS is required to submit the action for
comment at the earliest possible date. 

(b)  Requires DHS to provide written notice to each sponsoring organization
of any modification or clarification of DHS rules or policies relating to
the federal CACFP. Provides that notice provided through electronic mail is
considered to be written notice for purposes of this subsection. 

(c)  Authorizes DHS's advisory committee on the federal CACFP to conduct
public hearings in accordance with departmental procedures, refer issues
relating to the CACFP to the Texas Board of Human Services for discussion,
and recommend modifications to DHS training programs for sponsoring
organizations and other persons participating in the program. 

SECTION 3.  Amends Chapter 33, Human Resources Code, by adding Section
33.027, as follows: 

Sec. 33.027.  CHILD AND ADULT CARE FOOD PROGRAM: ELECTRONIC FILING. (a)
Requires DHS, in administering the federal CACFP, unless prohibited by
federal law, to permit a sponsoring organization or other person
participating in the program to submit applications and other required
information to DHS in an electronic format or through the use of
electronically produced forms. 

(b)  Authorizes DHS to implement Subsection (a) by developing necessary
computer systems or by using computer systems developed or made available
for that purpose by a sponsoring organization or other appropriate person. 

SECTION 4.  Effective date:  September 1, 1999, with the exception of
SECTION 3 of this Act, which takes effect January 1, 2001. 

SECTION 5.  Emergency clause.