HBA-PDH, MPM C.S.H.B. 937 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 937 By: Maxey Public Education 4/28/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, two different state agencies administer federally-funded food service programs. The Texas Education Agency (TEA) administers the National School Lunch Program and the School Breakfast Program for public schools and the Texas Department of Human Services (DHS) administers the Summer Food Service Program. Recent 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. C.S.H.B. 937 transfers the administration of the Summer Food Services Program from the DHS to the TEA, allowing school districts to take advantage of a single application and reimbursement procedure for all three programs. Additionally, the TEA will be required 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). Currently, DHS will not accept any form electronically. C.S.H.B. 937 requires DHS to accept applications and other pertinent information electronically and to accept electronically created forms, thus easing the burden on the sponsoring organizations. 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 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' 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 of 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. (a) Effective date: September 1, 1999, with the exception of SECTION 3 of this Act, which takes effect January 1, 2001. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 937 differs from the original as follows: The substitute deletes SECTIONS 1 and 2 of the original, which amend, respectively, Section 7.021, Education Code, by adding Subsection (d); and Subchapter B, Chapter 7, Education Code, by adding Section 7.025 (Summer Food Service Program). SECTION 1 of the substitute adds new Subsections (k)-(m) to Section 32.024, Human Resources Code. With respect to the new Section, please see the Section-by-Section Analysis in this document for the full text. SECTION 2 of the substitute is redesignated from SECTION 3 (proposed Section 33.026, Human Resources Code) of the original with modifications as follows: Sec. 33.026. The substitute changes the title of this section from "Child and Adult Care Food Program" in the original to "Child and Adult Care Food Program: Required Notices and Advisory Committee Authority." (a) Redesignated from Subsection (c) of the original. Deletes proposed Subsection (c), which required DHS, in administering this program, 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 use of electronically produced forms. Proposed subsections (b) of the original is deleted. This subsection addressed authorization to DHS to implement Subsection (a), deleted by the substitute, by developing necessary computer systems or using a computer system developed or made available by a sponsoring organization or other appropriate person. (b) Redesignated from proposed Subsection (d) of the original. Requires DHS to provide written notice to each sponsoring organization of any modification or clarification of DHS rules or policies, rather than rules, policies, or policy interpretation, relating to the federal CACFP. The substitute further provides that notice provided through electronic mail is considered to be written notice for purposes of this subsection. (c) Redesignated from proposed Subsection (e) of the original. SECTION 3 (proposed Section 33.027, Human Resources Code) is added by the substitute. Please see the Section-by-Section Analysis in this document. The substitute deletes SECTIONS 4, 5, and 6 of the original bill. SECTION 4 of the original addresses transfer of powers, duties, function, activities, funds, obligations, contracts, property, records, employees, electronic information, and automated systems of DHS related to the Summer Food Service Program to the Texas Education Agency, and further details procedural issues of this transfer. SECTION 5 makes certain aspects of the original Act prospective, and SECTION 6 repeals Section 33.024 (Summer Food Service Program), Human Resources Code. SECTION 4 of the substitute is redesignated from SECTION 7 of the original, and provides an effective date of September 1, 1999, with the exception of SECTION 3, which takes effect January 1, 2001. The original bill made an exception of SECTIONS 2 and 6, which were to take effect January 1, 2000. SECTION 5 (emergency clause) of the substitute is redesignated from SECTION 8 of the original.