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Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.


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Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.