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.