Bill Text: TX SB89 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to summer nutrition programs provided for by school districts.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB89 Detail]
Download: Texas-2011-SB89-Enrolled.html
S.B. No. 89 |
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relating to summer nutrition programs provided for by school | ||
districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 12, Agriculture Code, is amended by | ||
adding Section 12.0029 to read as follows: | ||
Sec. 12.0029. SUMMER NUTRITION PROGRAMS. (a) In this | ||
section: | ||
(1) "Field office" means a field office of a nutrition | ||
program administered by the department. | ||
(2) "Summer nutrition program" means the summer food | ||
service program under 42 U.S.C. Section 1761. The term includes the | ||
seamless summer option under 42 U.S.C. Section 1761(a)(8). | ||
(b) Unless the department grants a school district a waiver | ||
under Subsection (f), a district in which 50 percent or more of the | ||
students are eligible to participate in the national free or | ||
reduced-price lunch program under 42 U.S.C. Section 1751 et seq. | ||
shall provide or arrange for the provision of a summer nutrition | ||
program for at least 30 days during the period in which district | ||
schools are recessed for the summer. | ||
(c) Not later than October 31 of each year, the department | ||
shall notify each school district described by Subsection (b) of | ||
the district's responsibility concerning provision of a summer | ||
nutrition program during the next period in which school is | ||
recessed for the summer. | ||
(d) Not later than November 30 of each year, the board of | ||
trustees of a school district that intends to request a waiver under | ||
Subsection (e)(2) must send written notice of the district's | ||
intention to the district's local school health advisory council. | ||
The notice must include an explanation of the district's reason for | ||
requesting a waiver of the requirement. | ||
(e) Each school district that receives a notice under | ||
Subsection (c) shall, not later than January 31 of the year | ||
following the year in which the notice was received: | ||
(1) inform the department in writing that the district | ||
intends to provide or arrange for the provision of a summer | ||
nutrition program during the next period in which district schools | ||
are recessed for the summer; or | ||
(2) request in writing that the department grant the | ||
district a waiver of the requirement to provide or arrange for the | ||
provision of a summer nutrition program. | ||
(f) The department may grant a school district a waiver of | ||
the requirement to provide or arrange for the provision of a summer | ||
nutrition program only if: | ||
(1) the district: | ||
(A) provides documentation, verified by the | ||
department, showing that: | ||
(i) there are fewer than 100 children in the | ||
district currently eligible for the national free or reduced-price | ||
lunch program; | ||
(ii) transportation to enable district | ||
students to participate in the program is an insurmountable | ||
obstacle to the district's ability to provide or arrange for the | ||
provision of the program despite consultation by the district with | ||
public transit providers; | ||
(iii) the district is unable to provide or | ||
arrange for the provision of a program due to renovation or | ||
construction of district facilities and the unavailability of an | ||
appropriate alternate provider or site; or | ||
(iv) the district is unable to provide or | ||
arrange for the provision of a program due to another specified | ||
extenuating circumstance and the unavailability of an appropriate | ||
alternate provider or site; and | ||
(B) has worked with the field offices to identify | ||
another possible provider for the program in the district; or | ||
(2) the cost to the district to provide or arrange for | ||
provision of a program would be cost-prohibitive, as determined by | ||
the department using the criteria and methodology established under | ||
Subsection (g). | ||
(g) The department by rule shall establish criteria and a | ||
methodology for determining whether the cost to a school district | ||
to provide or arrange for provision of a summer nutrition program | ||
would be cost-prohibitive for purposes of granting a waiver under | ||
Subsection (f)(2). | ||
(h) A waiver granted under Subsection (f) is for a one-year | ||
period. | ||
(i) If a school district has requested a waiver under | ||
Subsection (e)(2) and has been unable to provide to the department a | ||
list of possible providers for the summer nutrition program, the | ||
field offices shall continue to attempt to identify an alternate | ||
provider for the district's summer nutrition program. | ||
(j) Not later than December 31 of each even-numbered year, | ||
the department shall provide to the legislature by e-mail a report | ||
that, for each year of the biennium: | ||
(1) states the name of each school district that | ||
receives a notice under Subsection (c) and indicates whether the | ||
district: | ||
(A) has provided or arranged for the provision of | ||
a summer nutrition program; or | ||
(B) has not provided or arranged for the | ||
provision of a program and did not receive a waiver; | ||
(2) identifies the funds, other than federal funds, | ||
used by school districts and the state in complying with this | ||
section; and | ||
(3) identifies the total amount of any profit made or | ||
loss incurred through summer nutrition programs under this section. | ||
(k) The department shall post and maintain on the | ||
department's Internet website the most recent report required by | ||
Subsection (j). | ||
SECTION 2. Section 33.024, Human Resources Code, is | ||
repealed. | ||
SECTION 3. Not later than October 1, 2011, the Department of | ||
Agriculture shall adopt rules under Subsection (g), Section | ||
12.0029, Agriculture Code, as added by this Act, establishing | ||
criteria and a methodology regarding costs of school district | ||
summer nutrition programs. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 89 passed the Senate on | ||
April 20, 2011, by the following vote: Yeas 24, Nays 7; | ||
May 25, 2011, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2011, House | ||
granted request of the Senate; May 29, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 24, | ||
Nays 7. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 89 passed the House, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting; May 26, 2011, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 29, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 121, Nays 25, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |