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A BILL TO BE ENTITLED
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AN ACT
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relating to the donation of food by public school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.907, Education Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (c-1) |
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to read as follows: |
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(b) A school district or open-enrollment charter school may |
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allow a campus to elect to donate food to a nonprofit organization |
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through a person [an official of the nonprofit organization] who is |
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directly and officially affiliated with the campus, including a |
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teacher or [,] counselor, or through a parent of a student enrolled |
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at the campus. The donated food may be received, stored, and |
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distributed on the campus. Food donated by the campus may include: |
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(1) surplus food prepared for breakfast, lunch, or |
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dinner meals or snacks [a snack to be] served from [at] the campus |
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cafeteria, subject to any applicable local, state, and federal |
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requirements; or |
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(2) food donated to the campus as the result of a food |
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drive or similar event. |
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(c) The type of food donated under Subsection (b)(1) [this |
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section] may include: |
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(1) packaged [or unpackaged] unserved food that is |
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packaged on the campus of a school district or open-enrollment |
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charter school and has not been removed from the campus cafeteria; |
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(2) packaged served food if the packaging and food are |
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[is] in good condition; |
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(3) whole, uncut produce; and |
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(4) wrapped raw unserved produce[; and |
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[(5) unpeeled fruit required to be peeled before |
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consumption]. |
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(c-1) Food that by law must be maintained at a certain |
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temperature for safety may not be donated unless the campus has |
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maintained the food at the required temperature. |
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(d) Food donated under this section to a nonprofit |
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organization may be distributed at the campus at any time. Campus |
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employees may assist in preparing and distributing the food as |
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volunteers for the nonprofit organization. Each person who assists |
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in the preparation and distribution of food as a volunteer must have |
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completed, or be supervised by a person who has completed, a basic |
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food safety education or training program for food handlers |
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accredited under Subchapter D, Chapter 438, Health and Safety Code. |
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SECTION 2. This Act takes effect September 1, 2021. |