Texas Administrative Code

Each electric utility shall keep the following records: (1) Meter equipment record. Each electric utility shall keep a record of all of its meters, showing the customer's address and date of the last test. For special meters used for investigation or experimental purposes, the re…

A contractor must comply with meal service requirements as outlined in TDA CACFP Handbooks. Notes 4 Tex. Admin. Code § 25.82 The provisions of this §25.82 adopted to be effective January 11, 2011, 36 TexReg 37

A contractor must ensure that all meals claimed, including meals purchased from a food service management company or other vendor, meet the requirements of 7 C.F.R. 226.2 , 7 C.F.R. 226.6 , 7 C.F.R. 226.13 , and 7 C.F.R. 226.15 - 7 C.F.R. 226.20 , and 7 CFR Appendix A to Part 226…

A contractor must use TDA forms to operate and administer CACFP unless TDA grants approval otherwise. Notes 4 Tex. Admin. Code § 25.75 The provisions of this §25.75 adopted to be effective January 11, 2011, 36 TexReg 37

A contractor must notify TDA in writing in advance of a change to its primary business location. Notes 4 Tex. Admin. Code § 25.74 The provisions of this §25.74 adopted to be effective January 11, 2011, 36 TexReg 37

(a) A contractor is considered available to TDA and their sponsored facilities, if applicable, if one of the following conditions exists: (1) the contractor's representative can be contacted in person at the primary business location during normal business hours; (2) the contract…

(a) Contractors must make CACFP records available to TDA at the contractor's primary business location during normal business hours, which at a minimum are 8:00 a.m. to 5:00 p.m. Monday through Friday. (b) Contractors and their facilities must allow TDA access to the facilities a…

(a) According to 7 C.F.R. 226.6 , 7 C.F.R. 226.15 - 7 C.F.R. 226.19a , and 7 C.F.R. 226.23 , a contractor must enter into an agreement with TDA in order to participate in CACFP. The agreement is a legally binding document that specifies the rights and responsibilities of both the…

The National School Lunch Act (42 U.S.C. 1766 ), as amended, authorizes federal assistance to states that administer CACFP. In the state of Texas, TDA administers CACFP. Notes 4 Tex. Admin. Code § 25.3 The provisions of this §25.3 adopted to be effective January 11, 2011, 36 TexR…

(a) The following information must be submitted for each principal of a non-governmental organization: (1) government issued identification (state issued driver license, state issued identification card, military identification, valid U.S. passport or other identification approve…

(a) Each contractor must include in its application documentation that the governing body is aware of the responsibilities and liabilities of participating in CACFP and identifying information for each member of the governing body. (1) Acceptable documentation of governing body a…

(a) A contractor must submit a completed application for participation in CACFP to TDA. (b) A contractor must report to TDA any changes to the information contained on its application as prescribed in the TDA CACFP Handbook, Forms and Instructions. (c) TDA approves or denies appl…

(a) The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise: (1) Appropriate Representative--Someone with knowledge of CACFP operations. (2) CACFP--Child and Adult Care Food Program. (3) CFR--The Code…

TDA conducts appeals according to 7 C.F.R. 226.6 and § 7 C.F.R. 226.16 ; §17(d) of the National School Lunch Act (42 U.S.C. 1766 ), as amended; §§ 1.1000 - 1.1004 of this title (relating to Appeal Procedures for the CACFP), and §§ 1.1050 - 1.1053 of this title (relating to Admini…

A sponsor denies or terminates agreements with a day care home or facility according to 7 C.F.R. 226.6 and § 7 C.F.R. 226.16 , and TDA CACFP Handbooks. Notes 4 Tex. Admin. Code § 25.184 The provisions of this §25.184 adopted to be effective January 11, 2011, 36 TexReg 37

TDA denies applications and terminates agreements, in whole or in part, according to 7 C.F.R. 226.6 , 7 C.F.R. 226.14 - 7 C.F.R. 226.19a , 7 C.F.R. 226.23 , and 7 C.F.R. 226.25 ; 7 CFR Part 3015 ; §17(a)(2)(B) of the National School Lunch Act (42 U.S.C. 1766 ), as amended; and TD…

TDA will impose adverse actions against any contractor for failure to comply with CACFP requirements in accordance with 7 C.F.R. 226.6 , TDA CACFP Handbooks, and this Division up to and including: (1) placement into the Serious Deficiency Process; (2) termination; (3) debarment; …

TDA will investigate and resolve program deficiencies, program irregularities, and evidence of violations of criminal law or civil fraud statutes according to 7 C.F.R. 226.6(n) , 7 C.F.R. 226.8 , 7 C.F.R. 226.10 , and 7 C.F.R. 226.14 . Notes 4 Tex. Admin. Code § 25.181 The provis…

TDA will reimburse contractors for eligible audit expenses according to 7 C.F.R. 226.8(b) and TDA CACFP Handbooks. Notes 4 Tex. Admin. Code § 25.174 The provisions of this §25.174 adopted to be effective January 11, 2011, 36 TexReg 37

(a) Adult day care centers must ensure that the meals for which they claim reimbursement are not supported by Title III of the Older Americans Act. (b) If a contractor uses a food service management company the contractor must ensure that neither Title III funds nor commodities a…

(a) TDA may limit the number of day care homes that a contractor may sponsor. (b) A contractor may submit a written request to sponsor additional day care homes. TDA will approve sponsorship of additional day care homes only if the contractor provides evidence of administrative a…

If a day care home has been found guilty of fraud, even if adjudication is deferred, the day care home's sponsoring organization must terminate the day care home's participation according to Division 18 of this subchapter (relating to Adverse Actions, Denials and Terminations). N…

(a) A day care home that is participating in CACFP under one sponsor may sign an agreement once each program year to participate with a different sponsor as prescribed by TDA CACFP Handbooks. (b) A day care home may enter into an agreement with a different sponsor more than once …

TDA will not approve a day care home to participate in CACFP before the latest date of the following: (1) the date of the provider's registration or license; (2) the date the sponsor conducts a pre-approval visit of the day care home; (3) the effective date of the Permanent Agree…

(a) In order for a day care home to be approved to participate in CACFP, a day care home sponsor must submit a correct and complete application packet as prescribed by TDA. (b) A day care home sponsor must submit the required application packet to TDA by the 25th of the month in …

A child care or adult day care center contractor or day care home sponsor must determine a participant's eligibility according to 7 C.F.R. 226.2 , 7 C.F.R. 226.6 , 7 C.F.R. 226.13 , 7 C.F.R. 226.15 , 7 C.F.R. 226.17 - 7 C.F.R. 226.19a , and 7 C.F.R. 226.23 . Notes 4 Tex. Admin. C…

If equipment was obtained in full or part with food service assistance funds then its title, use and disposition must comply with 7 C.F.R. 226.24 and 7 CFR Part 3015 . Notes 4 Tex. Admin. Code § 25.42 The provisions of this §25.42 adopted to be effective January 11, 2011, 36 TexR…

A contractor must procure food, supplies and other goods and services in accordance with 7 C.F.R. 226.2 , 7 C.F.R. 226.6 , 7 C.F.R. 226.21 , and 7 C.F.R. 226.22 , and 7 CFR Part 3015 . Notes 4 Tex. Admin. Code § 25.41 The provisions of this §25.41 adopted to be effective January …

TDA may use the assistance to help start, maintain, and expand non-profit food services for children and adults enrolled for care in nonresidential facilities or institutions. Notes 4 Tex. Admin. Code § 25.4 The provisions of this §25.4 adopted to be effective January 11, 2011, 3…

No organization may have more than one agreement with TDA to participate in any child nutrition program, unless the contractor provides justification for the need to have multiple agreements and that justification is approved by TDA. Notes 4 Tex. Admin. Code § 25.33 The provision…

(a) According to 7 C.F.R. 226.6 , 7 C.F.R. 226.17 , 7 C.F.R. 226.19 , 7 C.F.R. 226.19(a) , and 7 C.F.R. 226.22 , contractors who purchase meals from a food service management company, school food authority, or other vendor must enter into an agreement with that food service manag…

(a) TDA conducts program reviews and monitoring according to 7 C.F.R. 226.6(m)(6) and TDA CACFP Handbooks. (b) Sponsors must monitor their facilities according to 7 C.F.R. 226.16 and TDA CACFP Handbooks. Notes 4 Tex. Admin. Code § 25.161 The provisions of this §25.161 adopted to …

A for-profit organization or a sponsored for-profit facility must meet the eligibility requirements in 7 C.F.R. 226.17 and § 7 C.F.R. 226.19a . Notes 4 Tex. Admin. Code § 25.16 The provisions of this §25.16 adopted to be effective January 11, 2011, 36 TexReg 37

A day care home sponsor must not use CACFP funds to recruit day care homes that are already participating in CACFP under an approved sponsor. Notes 4 Tex. Admin. Code § 25.152 The provisions of this §25.152 adopted to be effective January 11, 2011, 36 TexReg 37

TDA manages overpayment according to 7 C.F.R. 226.6 - 7 C.F.R. 226.8 , 7 C.F.R. 226.10 , and 7 C.F.R. 226.12 - 7 C.F.R. 226.14 . Notes 4 Tex. Admin. Code § 25.151 The provisions of this §25.151 adopted to be effective January 11, 2011, 36 TexReg 37

To prove tax-exempt status, a contractor must submit: (1) determination of tax-exempt status from the Internal Revenue Service; or (2) proof of participation in another federally funded program that requires an Internal Revenue Service determination of tax-exempt status. Notes 4 …

A day care home may not claim reimbursement for meals served to the child of another day care home provider if both participate in CACFP unless the provider's own child can be considered a nonresidential child by another day care home provider for the purpose of claiming reimburs…

Contractors who serve family style meals may not claim reimbursement for second meals. Notes 4 Tex. Admin. Code § 25.142 The provisions of this §25.142 adopted to be effective January 11, 2011, 36 TexReg 37

A contractor may only serve and claim second meals in accordance with 7 C.F.R. 226.20(j) . Notes 4 Tex. Admin. Code § 25.141 The provisions of this §25.141 adopted to be effective January 11, 2011, 36 TexReg 37

(a) TDA will not pay a claim that was filed after the deadline established in TDA CACFP Handbooks unless the contractor is eligible for a one-time exception or can demonstrate good cause. (b) TDA will process one-time exceptions and requests for good cause exceptions as establish…

Each contractor must participate in training related to the operation of CACFP as TDA prescribes. Notes 4 Tex. Admin. Code § 25.14 The provisions of this §25.14 adopted to be effective January 11, 2011, 36 TexReg 37

(a) A contractor must ensure that claims for reimbursement are filed in accordance with TDA procedures outlined in TDA CACFP Handbooks. (b) TDA will not pay a claim that is received or postmarked after the deadline unless USDA finds that good cause beyond the contractor's control…

(a) Claims not eligible. In addition to claims excluded under Finance Code § 154.359 , the following claims are not eligible for payment from the Prepaid Funeral Guaranty Fund: (1) a claim based on a trust-funded prepaid funeral benefits contract that was purchased prior to Augus…

(a) Use of model contract and waiver. You may use the appropriate model contract or the model waiver described in this subsection except as provided in paragraph (2) of this subsection, but you are not required to do so if you obtain approval to use a non-model contract or waiver…

(a) Occupations Code, § 651.159 mandates the Texas Department of Banking, the Texas Funeral Service Commission, and the Texas Department of Insurance to adopt by rule a joint memorandum of understanding relating to prepaid funeral services and transactions that: (1) outlines the …

(a) Pursuant to Occupations Code, § 651.159 , the Texas Funeral Service Commission (herein referred to as the "TFSC"), the Texas Department of Insurance (herein referred to as the "TDI"), and the Texas Department of Banking (herein referred to as the "DOB") hereby adopt the follo…

(a) Definitions. (1) Outstanding contracts--Unmatured, prepaid funeral benefit contracts. (2) You, Your or I--A person having a valid permit to sell prepaid funeral benefit contracts issued by the Department under § 154.101 of the Finance Code, except that, for purposes of subsec…