CHAPTER 33. NUTRITIONAL ASSISTANCE PROGRAMS
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE C. ASSISTANCE PROGRAMS
CHAPTER 33. NUTRITIONAL ASSISTANCE PROGRAMS
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.
Added by Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 5, eff. June 15, 2007.
Sec. 33.0006. OPERATION OF FOOD STAMP PROGRAM. The Health and
Human Services Commission operates the food stamp program.
Added by Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 5, eff. June 15, 2007.
Sec. 33.001. DISTRIBUTION OF SURPLUS COMMODITIES. (a) The
department is the state agency designated to cooperate with the
federal government in administering the distribution of federal
surplus commodities and other resources.
(b) The department may cooperate with a city or county in any
manner necessary for the proper operation of this program.
Acts 1979, 66th Leg., p. 2353, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.002. DISTRIBUTION OF COMMODITIES AND FOOD STAMPS. (a)
The department is responsible for the distribution of commodities
and food stamps allocated to the department by the federal
government.
(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.
(c) The department shall establish policies and rules that will
ensure the widest and most efficient distribution of the
commodities and food stamps to those eligible to receive them.
(d) The department shall continually monitor the expedited
issuance of food stamp benefits to ensure that each region in the
state complies with federal regulations and that those households
eligible for expedited issuance are identified, processed, and
certified within the timeframes prescribed within the federal
regulations. As soon as practicable after the end of each fiscal
year, the department shall report to the Governor's Office of
Budget and Planning, the Legislative Budget Board, the state
auditor, and the department's board members regarding its
monitoring of expedited issuance and the degree of compliance
with federal regulations on a region-by-region basis. The
department shall notify members of the legislature and the
standing committees of the senate and house of representatives
having primary jurisdiction over the department of the filing of
the report.
(e) The department 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.
(f) The department shall conspicuously post in each local food
stamp office a notice of the availability of and procedure for
applying for expedited issuance.
(g) The department may, within federal limits, modify the
one-day screening and service delivery requirements prescribed by
Subsection (e) if the department determines that the modification
is necessary to reduce fraud in the food stamp program.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 150, Sec. 4,
eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 7.01,
eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 655, Sec. 8.09,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 693, Sec. 2, eff.
Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 6, eff. June 15, 2007.
Sec. 33.0021. APPLICATION INFORMATION. (a) The department
shall develop general informational materials that contain
eligibility guidelines for benefits under this chapter and that
clearly and simply explain the process for applying for benefits,
as well as indicate the availability of expedited food stamps,
the existence of toll-free telephone hotlines, and the existence
of a procedure in each region to handle complaints. These
informational materials shall be nonpromotional in nature.
(b) The materials must contain a list of the specific items
necessary to verify an application.
(c) The department shall distribute the materials to community
action agencies, legal services offices, and emergency food
programs and other programs likely to have contact with potential
applicants.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 5, eff. Aug. 26,
1985.
Sec. 33.0022. FRAUD PREVENTION IN FOOD STAMP PROGRAM. (a) The
electronic benefits transfer (EBT) system operator and installer
shall report to the department and the United States Department
of Agriculture suspicious activity relating to a retailer's
participation in the food stamp program, including:
(1) a noticeable absence of staple food products;
(2) a low supply of staple food products in relation to other
items in the retailer's inventory; or
(3) improper food stamp redemption.
(b) The department shall compare a retailer's food stamp sales
volume with the retailer's total food sales to determine whether
the retailer is eligible to receive free point-of-sale terminals.
(c) At least once each fiscal quarter, the department shall
provide any information reported under Subsection (a) to the
Public Assistance Fraud Oversight Task Force.
(d) In this section, "retailer" means a business approved for
participation in the food stamp program.
Added by Acts 1997, 75th Leg., ch. 322, Sec. 3, eff. May 26,
1997.
Sec. 33.0023. FOOD STAMP INFORMATION MATCHING SYSTEM. (a) To
detect and prevent fraud in the food stamp program, the
department, through the use of a computerized matching system,
shall compare at least semiannually department information
relating to food stamp transactions and redemptions by recipients
of food stamps and retailers with information obtained from the
comptroller and other appropriate state agencies relating to
those recipients and retailers.
(b) The department, the comptroller, and the appropriate
agencies shall take all necessary measures to protect the
confidentiality of information provided under this section, in
compliance with all existing state and federal privacy
guidelines.
(c) In this section, "retailer" means a business approved for
participation in the food stamp program.
Added by Acts 1997, 75th Leg., ch. 322, Sec. 3, eff. May 26,
1997.
Sec. 33.003. DISTRIBUTION DISTRICTS; AGENTS. (a) The
department may establish distribution districts and employ
distributing agents or may make other arrangements necessary to
provide for the efficient distribution of commodities and food
stamps.
(b) A distributing agent must be bonded. The department shall
audit a distributing agent's records at least once annually and
at any other time considered expedient by the department.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.004. ADVISORY BOARDS. (a) The department may establish
state or district-level advisory boards to facilitate the
operations of the commodity distribution or food stamp programs.
(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.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 7, eff. June 15, 2007.
Sec. 33.005. PROCESSING PERISHABLE COMMODITIES. (a) The
department may enter into nonprofit contracts with state
institutions or state or private agencies for the processing of
perishable commodities to preserve them for subsequent
distribution to eligible recipients.
(b) The cost of processing shall be borne by each recipient on a
pro rata basis in relation to the amount of the processed
commodities received by each distribution district.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.006. HANDLING CHARGES. (a) The department may assess
reasonable handling charges against the recipients of commodities
or food stamps to cover the cost of distribution. The total
operation must be conducted on a nonprofit basis.
(b) The department shall make the assessments at the times and
in the amounts that it considers necessary for the proper
administration of the programs. However, the assessments must be
uniform in each distribution district and may not exceed $1 per
recipient per year.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1983, 68th Leg., p. 399, ch. 81,
Sec. 18(a), eff. Sept. 1, 1983.
Sec. 33.007. COMMODITY DISTRIBUTION FUND. (a) Funds received
from assessments for handling charges pursuant to Section 33.006
of this code shall be paid to the department and deposited in a
separate account in the state treasury subject to withdrawal on
authorization of the commissioner.
(b) The funds may be used only for necessary expenses incurred
in operating the commodity distribution and food stamp programs,
and their use is subject to the rules of the department, the
provisions of this chapter, and the provisions of the general
appropriation acts of the legislature.
(c) If the commodity distribution program or food stamp program
is terminated, funds remaining in the account after all due and
just accounts have been paid shall be refunded to the
contributors on a pro rata basis.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.008. SALE OF USED COMMODITY CONTAINERS. The department
may sell used commodity containers. Proceeds from the sales in
each distribution district shall be deposited in the commodity
distribution fund and used for the commodity distribution
program.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.010. SALE OF EQUIPMENT AND PROPERTY. If the commodity
distribution and/or food stamp programs are terminated, equipment
and property purchased with funds from the commodity distribution
fund shall be sold by competitive bids. The proceeds from the
sales shall be deposited in the commodity distribution fund in
each district and distributed in the manner specified by Section
33.009 of this code.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979.
Sec. 33.011. PROHIBITED ACTIVITIES; PENALTIES. (a) A person
commits an offense if the person knowingly uses, alters, or
transfers food stamp benefit permits in any manner not authorized
by law. An offense under this subsection is a Class A misdemeanor
if the value of the food stamp benefit permits is less than $200
and a felony of the third degree if the value of the food stamp
benefit permits is $200 or more.
(b) A person commits an offense if the person knowingly
possesses food stamp benefit permits when not authorized by law
to possess them, knowingly redeems food stamp benefit permits
when not authorized by law to redeem them, or knowingly redeems
food stamp benefit permits for purposes not authorized by law. An
offense under this subsection is a Class A misdemeanor if the
value of the food stamp benefit permits is less than $200 and a
felony of the third degree if the value of the food stamp benefit
permits is $200 or more.
(c) A person commits an offense if the person knowingly
possesses blank authorizations to participate in the food stamp
program when not authorized by law to possess them. An offense
under this subsection is a felony of the third degree.
(d) When cash, exchange value, or food stamp benefit permits of
various values are obtained in violation of this section pursuant
to one scheme or continuing course of conduct, whether from the
same or several sources, the conduct may be considered as one
offense and the values aggregated in determining the grade of the
offense.
(e) The department may contract with county commissioners courts
to provide funds to pay for professional and support services
necessary for the enforcement of any criminal offense that
involves illegally obtaining, possessing, or misusing food
stamps.
(f) For the purposes of Subsections (a) and (b), the value of
food stamp benefit permits is the cash or exchange value obtained
in violation of this section.
(g) In this section, "food stamp benefit permits" includes:
(1) food stamp coupons;
(2) electronic benefit transfer (EBT) cards; and
(3) authorizations to participate in the food stamp program.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1979, 66th Leg., p. 2435, ch. 842,
art. 2, Sec. 6, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch.
249, Secs. 1, 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.
788, Sec. 1, eff. Sept. 1, 1997.
Sec. 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS
REPRESENTATIVE. The department shall provide an individual's
food stamp allotment to the residential chemical dependency
treatment program in which the person resides to the extent
allowed under Section 8(f), Food Stamp Act of 1977 (7 U.S.C.
Section 2017(e)), if the individual designates the program as the
individual's authorized representative.
Added by Acts 1997, 75th Leg., ch. 663, Sec. 2, eff. Sept. 1,
1997.
Sec. 33.013. INFORMATION AND REFERRAL SERVICES. (a) Each local
food stamp office shall compile and maintain a current list of
emergency food providers in the area served by the local food
stamp office and refer individuals who need food to local
programs that may be able to provide assistance.
(b) The department shall establish regional or statewide
toll-free telephone hotlines to provide emergency food
information and to refer needy individuals to local programs that
may be able to provide assistance. The department shall publish
the telephone number for referrals in the emergency telephone
numbers section of local telephone books. The department shall
display this telephone number in all of its offices.
(c) Where emergency food programs do not exist, the department
office shall assist community groups in establishing emergency
food assistance programs.
(d) The department may establish other local, regional, or
statewide programs to provide emergency food information and
referral services where needed and where none presently exist.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 2, eff. Aug. 26,
1985. Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 7.02, eff.
Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 8, eff. June 15, 2007.
Sec. 33.015. INITIAL ESTABLISHMENT AND RECERTIFICATION OF
ELIGIBILITY FOR CERTAIN PERSONS. (a) In administering the food
stamp program, the department shall, except as provided by
Subsection (c), allow a person to comply with initial eligibility
requirements, including any initial interview, and with
subsequent periodic eligibility recertification requirements by
telephone instead of through a personal appearance at department
offices if:
(1) the person and each member of the person's household have no
earned income and are elderly or disabled; or
(2) the person is subject to a hardship, as determined by the
department.
(b) For purposes of Subsection (a)(2), a hardship includes a
situation in which a person is prevented from personally
appearing at department offices because the person is:
(1) subject to a work or training schedule;
(2) subject to transportation difficulties;
(3) subject to other difficulties arising from the person's
residency in a rural area;
(4) subject to prolonged severe weather;
(5) ill; or
(6) needed to care for a member of the person's household.
(c) The department may require a person described by Subsection
(a) to personally appear at department offices to establish
initial eligibility or to comply with periodic eligibility
recertification requirements if the department considers a
personal appearance necessary to:
(1) protect the integrity of the food stamp program; or
(2) prevent an adverse determination regarding the person's
eligibility that would be less likely to occur if the person made
a personal appearance.
(d) A person described by Subsection (a) may elect to personally
appear at department offices to establish initial eligibility or
to comply with periodic eligibility recertification requirements.
(e) The department shall require a person exempted under this
section from making a personal appearance at department offices
to provide verification of the person's entitlement to the
exemption on initial eligibility certification and on each
subsequent periodic eligibility recertification. If the person
does not provide verification and the department considers the
verification necessary to protect the integrity of the food stamp
program, the department shall initiate a fraud referral to the
department's office of inspector general.
Added by Acts 2001, 77th Leg., ch. 93, Sec. 1, eff. Sept. 1,
2001.
Sec. 33.022. APPLICATION ASSISTANCE. (a) On request of an
applicant, the department shall assist the applicant in filling
out forms and completing the application process.
(b) The department shall inform each applicant of the
availability of assistance.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 6, eff. Aug. 26,
1985.
Sec. 33.023. INFORMATION VERIFICATION. (a) The department
shall develop and implement for expedited issuance a uniform
procedure for verifying information required of an applicant.
(b) In developing the uniform procedure, the department shall
attempt to minimize the cost and complexity of the procedure to
the applicant.
(c) The department shall not require applicants for expedited
service to verify more eligibility items than the minimum
necessary to conform to the federal regulations and shall assist
the applicant in obtaining materials needed to verify an
application. The department shall not deny or delay determination
of eligibility due to lack of verification of items that may be
postponed if they cannot be verified within the timeframes
prescribed by the federal regulations.
(d) The department shall post a notice in each of its offices
indicating to whom an applicant or client can talk to resolve
problems or complaints. This notice should indicate persons
available to handle problems in local, regional, and state
offices. Notification of the existence of each office and
complaint procedures shall be posted in each food stamp office
and in materials made available to applicants regarding the
application process.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 7, eff. Aug. 26,
1985.
Sec. 33.024. SUMMER FOOD SERVICE PROGRAM. (a) In this section:
(1) "Agency" means the Texas Education Agency.
(2) "Field office" means a field office of a special nutrition
program administered by the department.
(3) "Summer program" means the Summer Food Service Program.
(b) The department and the agency shall develop a plan to ensure
that by June 15, 1997, children residing in school districts in
which 60 percent or more children are eligible for free or
reduced-price meals will have access to the summer program. The
plan shall provide a time line for implementation effective the
summer of 1994 through June 15, 1997. The department and the
agency shall each designate a person on their respective
administrative staffs who shall be charged with coordinating
activities pursuant to this requirement.
(c) The agency shall provide to the department, in October
following each school year, a listing of those school districts
which had at least:
(1) 90 percent of children in the district eligible for free or
reduced-price meals during the 1992-1993 school year;
(2) 80 percent of children in the district eligible for free or
reduced-price meals during the 1993-1994 school year;
(3) 70 percent of children in the district eligible for free or
reduced-price meals during the 1994-1995 school year; and
(4) 60 percent of children in the district eligible for free or
reduced-price meals during 1995-1996 school year and each school
year thereafter.
(d) By November 30 of each year, the department and the agency
shall jointly notify the following of their joint responsibility
to provide or arrange for the provision of a summer program the
following summer:
(1) each listed school district that does not have a summer
program sponsor in the district; and
(2) nutrition program field offices.
(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 verifies that the program will operate at
adequate alternative facilities.
(f) Each notified school district shall respond to the
department and the agency no later than January 31 of the
following year and either indicate its intent to operate a summer
program in the following summer or request a waiver of the
requirement to operate a summer program, as provided by
Subsection (g).
(g) A waiver under Subsection (f) may be granted by the
department and the agency, to a school district if:
(1) the district demonstrates to the department and the agency
that:
(A) there are fewer than 100 children in the district currently
eligible for free or reduced-price meals;
(B) transportation remains an insurmountable obstacle despite
consultation by the district with public transit providers;
(C) the district is unable to operate a summer program due to
renovation or construction within the district and an appropriate
alternative provider or site is not available; or
(D) the district is unable to operate a summer program due to
other extenuating circumstances and an appropriate alternative
provider or site is not available; and
(2) the district works with the field offices to identify other
persons and agencies in the district who were contacted as
potential providers or sites for the summer program.
(h) If the school district has requested a waiver under
Subsection (f) and has been unable to provide a list of possible
sponsors to the department, the field offices shall continue
efforts to locate an alternative sponsor for the summer program.
(i) The department, in consultation with the agency, shall
publish rules and procedures for obtaining a waiver under
Subsection (f). A waiver shall be for a one-year period.
(j) Not later than November 1 of each even-numbered year, the
department and the agency shall provide to the Governor's Office
of Budget and Planning, the Legislative Budget Board, and the
state auditor a report that includes a listing of school
districts identified as described in Subsection (c) that have
become sponsors of a summer program. The report must also include
a listing of identified school districts that failed to satisfy
the requirements of this section. The report must also include
the costs, above federal funds, incurred by the school districts
and the state in order to comply with this section. The
department shall notify members of the legislature and the
standing committees of the senate and house of representatives
having primary jurisdiction over the department of the filing of
the report.
(k) The department shall develop and implement an outreach
program to increase participation in the summer program if funds
are appropriated or otherwise made available for that purpose.
The department shall design the outreach program to:
(1) increase participation of children from low-income families;
(2) increase the number of summer programs offered across this
state, with particular emphasis on increasing programs in needy
communities;
(3) encourage school districts and public and private nonprofit
agencies to form partnerships to develop summer programs that
combine educational activities, such as reading enrichment, with
the provision of meals; and
(4) promote any other goal established by the department
relating to increased participation in the summer program.
(l) The outreach program required by Subsection (k) must target
communities and schools that have the highest percentage of
eligible children and include:
(1) presentations to public schools, public entities, and
private nonprofit agencies that would be eligible to participate
in the summer program;
(2) dissemination of information regarding eligibility
requirements and application procedures;
(3) continual support and technical assistance to existing
programs to increase participation levels and to ensure that the
programs continue to operate; and
(4) public service announcements that publicize the summer
program and that appear on local television and radio stations.
(m) The department shall 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.
Added by Acts 1993, 73rd Leg., ch. 328, Sec. 2, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 693, Sec. 3, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.55, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 719, Sec. 1, eff. Sept.
1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
963, Sec. 9, eff. June 15, 2007.
Sec. 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE ELIGIBLE
FOR FOOD STAMPS. (a) The department shall develop and implement
a plan of operation to provide nutrition education and outreach
to persons eligible for food stamps.
(b) The plan of operation for education and outreach shall:
(1) ensure that low-income consumers are provided with
informational materials that include but are not limited to
information on:
(A) food budgeting for low-income consumers;
(B) purchasing and preparing low-cost nutritional meals;
(C) basic nutrition and healthy foods;
(D) the availability of food stamps;
(E) the eligibility requirements for food stamps; and
(F) the application procedures for receiving food stamps;
(2) identify a target population for the informational
activities, which may include:
(A) recipients of the Supplemental Food Program for Women,
Infants and Children;
(B) families which have children who are eligible for the free
or reduced-priced meals programs;
(C) recipients of commodity surplus foods;
(D) senior citizens attending nutrition sites and participating
in nutritional activities;
(E) clients of emergency food pantries;
(F) farm workers or migrants; and
(G) others who may benefit from the information including but
not limited to senior citizens, persons with disabilities, and
working poor families;
(3) identify geographical areas, if any, which specifically will
be targeted; and
(4) ensure that all informational activities are multilingual
and available in accessible alternative formats.
(c) The department shall submit the plan of operation to the
Food and Nutrition Service of the United States Department of
Agriculture for approval, making the department eligible for
reimbursement for 50 percent of the cost of the informational
activities.
(d) The department shall cooperate with other state agencies
that currently operate nutrition education programs.
(e) The department shall enlist the assistance of pro bono
public relations firms where available.
Added by Acts 1993, 73rd Leg., ch. 328, Sec. 3, eff. Aug. 30,
1993.
Sec. 33.026. CHILD AND ADULT CARE FOOD PROGRAM: REQUIRED NOTICES
AND ADVISORY COMMITTEE AUTHORITY. (a) Before adopting or
changing a department rule or policy relating to the federal
Child and Adult Care Food Program, the department shall submit
the proposed action to the department's advisory committee on
that program for comment, unless immediate action is required by
federal law. If immediate action is required by federal law, the
department shall submit the action for comment at the earliest
possible date.
(b) The department shall provide written notice to each
sponsoring organization of any modification or clarification of
department rules or policies relating to the federal Child and
Adult Care Food Program. Notice provided through electronic mail
is considered to be written notice for purposes of this
subsection.
(c) The department's advisory committee on the federal Child and
Adult Care Food Program may:
(1) conduct public hearings in accordance with department
procedures;
(2) refer issues relating to the program to the board for
discussion; and
(3) recommend modifications to the department's training
programs for sponsoring organizations and other persons
participating in the program.
Added by Acts 1999, 76th Leg., ch. 719, Sec. 2, eff. Sept. 1,
1999.
Sec. 33.027. CHILD AND ADULT CARE FOOD PROGRAM: ELECTRONIC
FILING. (a) In administering the federal Child and Adult Care
Food Program, the department shall, unless prohibited by federal
law, permit a sponsoring organization or other person
participating in the program to submit applications and other
required information to the department in an electronic format or
through the use of electronically produced forms.
(b) The department may 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.
Added by Acts 1999, 76th Leg., ch. 719, Sec. 3, eff. Jan. 1,
2001.
Sec. 33.028. GRANT PROGRAMS FOR NUTRITION EDUCATION. (a) The
Department of Agriculture shall develop a program under which the
department awards grants to:
(1) participants in the Child and Adult Care Food Program, Head
Start program, or other early childhood education programs to
operate nutrition education programs for children who are at
least three years of age but younger than five years of age; and
(2) community and faith-based initiatives that provide
recreational, social, volunteer, leadership, mentoring, or
developmental programs to incorporate nutrition education into
programs provided for children younger than 19 years of age.
(b) The Department of Agriculture may solicit and accept gifts,
grants, and donations from any public or private source for the
purposes of this section.
(c) The Department of Agriculture may adopt rules as necessary
to administer the grant programs established under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
728, Sec. 3, eff. June 19, 2009.