4 TAC §§1.1200 - 1.1204
The Texas Department of Agriculture (the department)
proposes new Chapter 1, Subchapter R, §§1.1200 - 1.1204,
concerning a grant program for children's access to nutritious food.
The new sections are proposed to implement Texas Agriculture Code,
Chapter 25, which provides that the department by rule shall develop
a grant program to award grants to nonprofit organizations for the
purpose of allowing food banks to provide children at risk of hunger
or obesity with access to nutritious food outside the school day.
The new sections provide a statement of purpose for the new grant
program, provide definitions to be used in Subchapter R, provide eligibility
requirements, provide items that must be included in a proposal submitted
under the program and provide for reporting requirements.
Bryan Daniel, chief administrator for trade and business development,
has determined that for the first five-year period the new sections
are in effect, there will be no fiscal implications for state government
as a result of enforcing or administering the new sections. There
will be no fiscal implication for local government as a result of
enforcing or administering the new sections.
Mr. Daniel has also determined that for each of the first five
years the new sections are in effect, the public benefit anticipated
as a result of enforcing the sections will be the opportunity for
the department to fund the distribution of nutritious products to
food banks and other charitable organizations. There will be no anticipated
costs to microbusinesses, small or large businesses or to persons
required to comply with the new sections.
Comments on the proposal may be submitted to Bryan Daniel, Chief
Administrator for Trade and Business Development, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must
be received no later than 30 days from the date of publication of
the proposal in the
Texas Register.
The new sections are proposed under the Texas Agriculture
Code, Chapter 25, §25.005, which provides the department with
the authority to adopt rules as necessary for the administration of
the children's access to nutritious food grant program established
under Chapter 25.
The code affected by this proposal is the Texas Agriculture Code,
Chapter 25.
§1.1200.Statement of Purpose.
The grant program for children's access to nutritious food
is established to award grants to nonprofit organizations for the
purpose of allowing food banks to provide children at risk of hunger
or obesity with access to nutritious food outside the school day.
§1.1201.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the text clearly indicates
otherwise.
(1)
Charitable organization--An organization organized
for purely benevolent, charitable, educational or religious purpose
and not for financial gain.
(2)
Department--The Texas Department of Agriculture.
(3)
Nonprofit Organization--An organization with an
IRS designation as a 501(c)(3) organization which has been established
and is operating for religious, charitable or educational purposes
and does not distribute any of its income to its members, directors
or officers.
§1.1202.Eligibility.
Subject to available funds, a nonprofit organization is eligible
to receive a grant under this subchapter if the organization:
(1)
has at least five years of experience coordinating
a statewide network of food banks and charitable organizations that
serve each county of this state;
(2)
operates a program through a statewide network
of food banks that provides children at risk of hunger or obesity
with access to nutritious food outside the school day; and
(3)
submits to the department in a manner and time
prescribed by the Department, a detailed proposal for a program to
purchase and distribute food using grant money to food banks or other
charitable organizations.
§1.1203.Contents of Proposal.
The proposal submitted to the department in accordance with §1.1202
of this title (relating to Eligibility), shall include:
(1)
a description of how the collection and distribution
of food will be accomplished;
(2)
a schedule of projected costs for the proposal;
(3)
measurable goals for the proposal;
(4)
a plan for evaluating the success of the proposal;
(5)
a plan for evaluating the success of the program;
and
(6)
any other information requested by the department.
§1.1204.Reporting Requirements.
A nonprofit organization that receives a grant under this subchapter
must report the results of the project to the Department in a manner
prescribed by the Department.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 6, 2013.
TRD-201301781
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 16, 2013
For further information, please call: (512) 463-4075