79R6949 PAM-D

By:  Leibowitz                                                    H.B. No. 2446



A BILL TO BE ENTITLED

AN ACT

relating to serving expired food in public primary and secondary 
schools; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 38, Education Code, is 
amended by adding Section 38.017 to read as follows:
	Sec. 38.017.  SERVING EXPIRED FOOD PROHIBITED.  (a)  A public 
school may not serve food if a label on the food packaging indicates 
a date by which the food should be sold or used or a date for which 
the food is recommended for use and that date has passed.
	(b)  A vendor who provides food to a public school may not 
deliver food if a label on the food packaging indicates a date by 
which the food should be sold or used or a date for which the food is 
recommended for use and that date:
		(1)  has passed; or                                                    
		(2)  will pass before the vendor's next scheduled 
delivery date.     
	(c)  The commissioner by rule shall adopt procedures to 
implement this section.
	(d)  After an opportunity for a hearing, the commissioner may 
impose an administrative penalty on a school district or vendor 
that violates this section or a rule adopted under this section.
	(e)  The amount of an administrative penalty under this 
section is:   
		(1)  $1,000 for each violation by a school district; 
and             
		(2)  $5,000 for the first violation by a vendor and 
$10,000 for each subsequent violation.
	(f)  The attorney general, at the request of the 
commissioner, may bring an action to collect the penalty.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.