(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 awareness is:
    (A) A copy of the minutes taken at an official meeting of the governing body, signed by the secretary of the board, demonstrating unanimous board support for CACFP participation and an understanding of the responsibilities and liabilities;
    (B) A written declaration by each member of the governing body which states they are aware of the responsibilities and liabilities of CACFP participation;
    (C) A combination of these methods which, when read together, accounts for each individual member of the governing body; or
    (D) Any other documentation approved by TDA.
  (2) Identifying information for each member of the governing body must include:
    (A) Full legal name;
    (B) Complete residential mailing address;
    (C) Complete residential physical address, if different from mailing address;
    (D) Phone number;
    (E) Date of birth;
    (F) Relationship with any other member or employee of the organization; and
    (G) Amount of compensation, if any, received for services provided to the organization.
(b) Each sponsor must include in its application sufficient detail to demonstrate that it will operate according to the following standards:
  (1) The majority of the governing body must be composed of members of the community who are not financially interested in the sponsor's activities and who are not related parties. For the purpose of this section:
    (A) Majority means 50% plus one.
    (B) Individuals who are not financially interested in the activities of the organization means individuals other than the employees of the organization or sponsored facilities.
    (C) A related party is an individual who is related within the second degree of consanguinity or third degree by affinity to any member of the board of directors or employee of the sponsoring organization.
  (2) Members of the governing body may not vote on decisions relating to their own compensation or that of a related party.
  (3) The governing body must make decisions about compensation of employees and other parties providing services to the organization.
  (4) No person receiving compensation for services under CACFP may receive compensation for services from any other sponsoring organization.
  (5) A sponsor of day care homes providers must accept any qualified day care home provider, consistent with its capacity to provide services to sponsored facilities.

Source Note: The provisions of this §25.22 adopted to be effective January 11, 2011, 36 TexReg 37; amended to be effective March 29, 2012, 37 TexReg 2070