By: Ellis S.B. No. 715 A BILL TO BE ENTITLED AN ACT 1-1 relating to the summer food service program. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Chapter 33, Human Resources Code, is amended by 1-4 adding Section 33.024 to read as follows: 1-5 Sec. 33.024. SUMMER FOOD SERVICE PROGRAM. (a) In this 1-6 section: 1-7 (1) "Agency" means the Central Education Agency. 1-8 (2) "Field office" means a field office of a special 1-9 nutrition program administered by the department. 1-10 (3) "Summer program" means the Summer Food Service 1-11 Program. 1-12 (b) The department and the agency shall develop a plan to 1-13 ensure that by June 15, 1997, children residing in school districts 1-14 in which 60 percent or more children are eligible for free or 1-15 reduced-price meals will have access to the summer program. The 1-16 plan shall provide a time line for implementation effective the 1-17 summer of 1994 through June 15, 1997. The department and the 1-18 agency shall each designate a person on their respective 1-19 administrative staffs who shall be charged with coordinating 1-20 activities pursuant to this requirement. 1-21 (c) The agency shall provide to the department, in October 1-22 following each school year, a listing of those school districts 1-23 which had at least: 2-1 (1) 90 percent of children in the district eligible 2-2 for free or reduced-price meals during the 1992-1993 school year; 2-3 (2) 80 percent of children in the district eligible 2-4 for free or reduced-price meals during the 1993-1994 school year; 2-5 (3) 70 percent of children in the district eligible 2-6 for free or reduced-price meals during the 1994-1995 school year; 2-7 and 2-8 (4) 60 percent of children in the district eligible 2-9 for free or reduced-price meals during the 1995-1996 school year 2-10 and each school year thereafter. 2-11 (d) By November 30 of each year, the department and the 2-12 agency shall jointly notify the following of their joint 2-13 responsibility to provide or arrange for the provision of a summer 2-14 program the following summer: 2-15 (1) each listed school district that does not have a 2-16 summer program sponsor in the district; and 2-17 (2) special field offices. 2-18 (e) School district facilities shall be utilized for the 2-19 summer program unless the cost to the district can be documented as 2-20 exceeding the funds available for the summer program. 2-21 (f) Each notified school district shall respond to the 2-22 department and the agency no later than January 31 of the following 2-23 year and either indicate its intent to operate a summer program in 2-24 the following summer or request a waiver of the requirement to 2-25 operate a summer program, as provided by Subsection (g). 3-1 (g) A waiver under Subsection (f) may be granted by the 3-2 department and the agency, to a school district if: 3-3 (1) the district demonstrates to the department and 3-4 the agency that: 3-5 (A) there are fewer than 100 children in the 3-6 district currently eligible for free or reduced-price meals; 3-7 (B) transportation remains an insurmountable 3-8 obstacle despite consultation by the district with public transit 3-9 providers; 3-10 (C) the district is unable to operate a summer 3-11 program due to renovation or construction within the district and 3-12 an appropriate alternative provider or site is not available; or 3-13 (D) the district is unable to operate a summer 3-14 program due to other extenuating circumstances and an appropriate 3-15 alternative provider or site is not available; and 3-16 (2) the district works with the field offices to 3-17 identify other persons and agencies in the district who were 3-18 contacted as potential providers or sites for the summer program. 3-19 (h) If the school district has requested a waiver under 3-20 Subsection (f) and has been unable to provide a list of possible 3-21 sponsors to the department, the field offices shall continue 3-22 efforts to locate an alternative sponsor for the summer program. 3-23 (i) The department, in consultation with the agency, shall 3-24 publish rules and procedures for obtaining a waiver under 3-25 Subsection (f). A waiver shall be for a one-year period. 4-1 (j) The department and the agency shall provide to the 74th 4-2 Legislature and 75th Legislature biennial reports which shall 4-3 include a listing of school districts identified as described in 4-4 Subsection (c) which have become sponsors of a summer program. The 4-5 report shall also include a listing of identified school districts 4-6 that failed to satisfy the requirements of this section. 4-7 SECTION 2. The importance of this legislation and the 4-8 crowded condition of the calendars in both houses create an 4-9 emergency and an imperative public necessity that the 4-10 constitutional rule requiring bills to be read on three several 4-11 days in each house be suspended, and this rule is hereby suspended, 4-12 and that this Act take effect and be in force from and after its 4-13 passage, and it is so enacted.