Bill Text: TX SB725 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the donation and distribution of food at public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [SB725 Detail]
Download: Texas-2017-SB725-Comm_Sub.html
Bill Title: Relating to the donation and distribution of food at public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective immediately [SB725 Detail]
Download: Texas-2017-SB725-Comm_Sub.html
85R29602 CAE-F | ||
By: Miles, et al. | S.B. No. 725 | |
(Bernal, Giddings, Huberty) | ||
Substitute the following for S.B. No. 725: No. |
|
||
|
||
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) [ |
||
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) [ |
||
|
||
(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. |