By Vowell, et al.                                     H.B. No. 2560
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the summer food service program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 33, Human Resources Code, is amended by
    1-5  adding Section 33.024 to read as follows:
    1-6        Sec. 33.024.  SUMMER FOOD SERVICE PROGRAM.  (a)  In this
    1-7  section:
    1-8              (1)  "Agency" means the Central Education Agency.
    1-9              (2)  "Field office" means a field office of a special
   1-10  nutrition program administered by the department.
   1-11              (3)  "Summer program" means the Summer Food Service
   1-12  Program.
   1-13        (b)  The department and the agency shall develop a plan to
   1-14  ensure that by June 15, 1997, children residing in school districts
   1-15  in which 60 percent or more children are eligible for free or
   1-16  reduced-price meals will have access to the summer program.  The
   1-17  plan shall provide a time line for implementation effective the
   1-18  summer of 1994 through June 15, 1997.  The department and the
   1-19  agency shall each designate a person on their respective
   1-20  administrative staffs who shall be charged with coordinating
   1-21  activities pursuant to this requirement.
   1-22        (c)  The agency shall provide to the department, in October
   1-23  following each school year, a listing of those school districts
    2-1  which had at least:
    2-2              (1)  90 percent of children in the district eligible
    2-3  for free or reduced-price meals during the 1992-1993 school year;
    2-4              (2)  80 percent of children in the district eligible
    2-5  for free or reduced-price meals during the 1993-1994 school year;
    2-6              (3)  70 percent of children in the district eligible
    2-7  for free or reduced-price meals during the 1994-1995 school year;
    2-8  and
    2-9              (4)  60 percent of children in the district eligible
   2-10  for free or reduced-price meals during the 1995-1996 school year
   2-11  and each school year thereafter.
   2-12        (d)  By November 30 of each year, the department and the
   2-13  agency shall jointly notify the following of their joint
   2-14  responsibility to provide or arrange for the provision of a summer
   2-15  program the following summer:
   2-16              (1)  each listed school district that does not have a
   2-17  summer program sponsor in the district; and
   2-18              (2)  special field offices.
   2-19        (e)  School district facilities shall be utilized for the
   2-20  summer program unless the cost to the district can be documented as
   2-21  exceeding the funds available for the summer program.
   2-22        (f)  Each notified school district shall respond to the
   2-23  department and the agency no later than January 31 of the following
   2-24  year and either indicate its intent to operate a summer program in
   2-25  the following summer or request a waiver of the requirement to
    3-1  operate a summer program, as provided by Subsection (g).
    3-2        (g)  A waiver under Subsection (f) may be granted by the
    3-3  department and the agency, to a school district if:
    3-4              (1)  the district demonstrates to the department and
    3-5  the agency that:
    3-6                    (A)  there are fewer than 100 children in the
    3-7  district currently eligible for free or reduced-price meals;
    3-8                    (B)  transportation remains an insurmountable
    3-9  obstacle despite consultation by the district with public transit
   3-10  providers;
   3-11                    (C)  the district is unable to operate a summer
   3-12  program due to renovation or construction within the district and
   3-13  an appropriate alternative provider or site is not available; or
   3-14                    (D)  the district is unable to operate a summer
   3-15  program due to other extenuating circumstances and an appropriate
   3-16  alternative provider or site is not available; and
   3-17              (2)  the district works with the field offices to
   3-18  identify other persons and agencies in the district who were
   3-19  contacted as potential providers or sites for the summer program.
   3-20        (h)  If the school district has requested a waiver under
   3-21  Subsection (f) and has been unable to provide a list of possible
   3-22  sponsors to the department, the field offices shall continue
   3-23  efforts to locate an alternative sponsor for the summer program.
   3-24        (i)  The department, in consultation with the agency, shall
   3-25  publish rules and procedures for obtaining a waiver under
    4-1  Subsection (f).  A waiver shall be for a one-year period.
    4-2        (j)  The department and the agency shall provide to the 74th
    4-3  Legislature and 75th Legislature biennial reports which shall
    4-4  include a listing of school districts identified as described in
    4-5  Subsection (c) which have become sponsors of a summer program.  The
    4-6  report shall also include a listing of identified school districts
    4-7  that failed to satisfy the requirements of this section.
    4-8        SECTION 2.  The importance of this legislation and the
    4-9  crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended,
   4-13  and that this Act take effect and be in force from and after its
   4-14  passage, and it is so enacted.