By: Bernal, et al. (Senate Sponsor - Miles) H.B. No. 367
         (In the Senate - Received from the House April 24, 2017;
  May 9, 2017, read first time and referred to Committee on
  Agriculture, Water & Rural Affairs; May 17, 2017, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 5, Nays 1, 1 present not voting; May 17, 2017, sent to
  printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 367 By:  Rodríguez
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to donation and distribution of surplus food at public
  schools and grace period policies for public school students with
  insufficient balances on prepaid meal cards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Student Fairness
  in Feeding Act.
         SECTION 2.  Subchapter Z, Chapter 33, Education Code, is
  amended by adding Section 33.907 to read as follows:
         Sec. 33.907.  DONATION OF FOOD. (a) In this section:
               (1)  "Donate" has the meaning assigned by Section
  76.001, Civil Practice and Remedies Code.
               (2)  "Nonprofit organization" has the meaning assigned
  by Section 76.001, Civil Practice and Remedies Code.
         (b)  A school district or open-enrollment charter school may
  allow a campus to elect to donate food to a nonprofit organization
  through an official of the nonprofit organization who is directly
  affiliated with the campus, including a teacher, counselor, or
  parent of a student enrolled at the campus. The donated food may be
  received, stored, and distributed on the campus. Food donated by
  the campus may include:
               (1)  surplus food prepared for breakfast, lunch, or
  dinner meals or a snack to be served at the campus cafeteria,
  subject to any applicable local, state, and federal requirements;
  or
               (2)  food donated to the campus as the result of a food
  drive or similar event.
         (c)  The type of food donated under this section may include:
               (1)  packaged or unpackaged unserved food;
               (2)  packaged served food if the packaging is in good
  condition;
               (3)  whole, uncut produce;
               (4)  wrapped raw produce; and
               (5)  unpeeled fruit required to be peeled before
  consumption.
         (d)  Food donated under this section to a nonprofit
  organization may be distributed at the campus at any time. Campus
  employees may assist in preparing and distributing the food as
  volunteers for the nonprofit organization.
         (e)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 3.  Section 33.908, Education Code, is amended to
  read as follows:
         Sec. 33.908.  GRACE PERIOD POLICY FOR EXHAUSTED OR
  INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
  "regular meal" means a meal for which a school district ordinarily
  receives reimbursement under the national free or reduced-price
  lunch program established under 42 U.S.C. Section 1751 et seq.
         (b)  A school district that allows students to use a prepaid
  meal card or account to purchase meals served at the school shall
  adopt a grace period policy regarding the use of the cards or
  accounts. The policy:
               (1)  must allow a student whose meal card or account
  balance is exhausted or insufficient to continue, for a grace
  period determined by the board of trustees of the district, to
  purchase regular meals by:
                     (A)  accumulating a negative balance on the
  student's card or account; or
                     (B)  otherwise receiving an extension of credit
  from the district;
               (2)  must require the district to make at least one
  attempt by telephone or e-mail during each week of the grace period
  to privately:
                     (A)  notify the parent of or person standing in
  parental relation to the student that the student's meal card or
  account balance is exhausted;
                     (B)  make arrangements with the parent or other
  person for payment of negative balances or amounts otherwise due,
  including through use of a payment plan; and
                     (C)  assist the parent or other person in
  completing an application on behalf of the student for free or
  reduced-price meals, if it is determined that the student may be
  eligible for free or reduced-price meals;
               (3)  must require the district to provide the parent or
  other person with a written notice of a negative balance or other
  amount due that includes information on how to obtain an
  application for free or reduced-price meals;
               (4)  may not permit the district to charge a fee or
  interest in connection with meals purchased under Subdivision (1);
  and
               (5) [(4)]  may permit the district to set a schedule
  for repayment on the account balance or other amount due if the
  district is unable to set a repayment schedule by agreement through
  efforts required under Subdivision (2) [as part of the notice to the
  parent or person standing in parental relation to the student].
         (c)  After expiration of the grace period, the school
  district may:
               (1)  permit the student to continue to purchase regular
  meals in the manner described by Subsection (b)(1); or
               (2)  provide the student with alternate meals at no
  cost.
         (d)  A school district that elects to provide alternate meals
  must:
               (1)  privately notify the student's parent or person
  standing in parental relation to the student of the district's
  action; and
               (2)  provide those meals through the same serving line
  as regular meals.
         (e)  If a school district provides regular meals to a student
  under Subsection (c)(1) and is unable at the end of the school year
  to obtain payment for the meals from the student's parent or person
  standing in parental relation to the student, the district may pay
  the negative balance on the student's meal card or account using
  private donations solicited by the district from individuals and
  entities for that purpose and maintained in a separate district
  account. The amount of any private donations received under this
  subsection is in addition to any reimbursement to which the
  district is entitled under federal law.
         (f)  A school district may not publicly identify a student
  with a negative balance on a meal card or account and must implement
  any action authorized under this section in a manner that protects
  the student's privacy. The district's policy must identify the
  manner in which the district will protect the student's privacy.
         SECTION 4.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
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