79R13822 KKA-D


By:  Rodriguez, Thompson, et al.                                  H.B. No. 2578

Substitute the following for H.B. No. 2578:                                   

By:  Delisi                                                   C.S.H.B. No. 2578



A BILL TO BE ENTITLED

AN ACT

relating to providing the national free or reduced-price breakfast 
and lunch program to a greater number of public school students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 12, Agriculture Code, is amended by 
adding Section 12.039 to read as follows:
	Sec. 12.039.  SCHOOL BREAKFAST AND LUNCH PROGRAM.  (a)  The 
department shall:
		(1)  support making free breakfast and lunch available 
to all schoolchildren whenever it is economically feasible to do 
so;
		(2)  assist school districts in determining whether it 
is economically feasible for a district to provide free breakfast 
and lunch in accordance with the national free or reduced-price 
breakfast and lunch program established under 42 U.S.C. Section 
1751 et seq. to all students enrolled at each campus in the 
district; and
		(3)  encourage school districts to make free breakfast 
and lunch available to all students enrolled at each campus in the 
district whenever it is economically feasible to do so.
	(b)  The department, the Texas Education Agency, and the 
Health and Human Services Commission shall ensure that applicable 
information maintained by each entity is used on at least a 
quarterly basis to identify children who are categorically eligible 
for free meals under the national free or reduced-price breakfast 
and lunch program.  In complying with this subsection, the 
department, agency, and commission shall use information that 
corresponds to the months of the year in which enrollment in the 
food stamp program is customarily higher than average.
	(c)  The department shall determine the feasibility of 
establishing a process under which school districts verify student 
eligibility for the national free or reduced-price breakfast and 
lunch program through a direct verification process that uses 
information maintained under the food stamp and Medicaid programs, 
as authorized by 42 U.S.C. Section 1758(b)(3), as amended by 
Section 105(a) of the Child Nutrition and WIC Reauthorization Act 
of 2004 (Pub. L. No. 108-265), and 7 C.F.R. Sections 245.6a(a)(1) 
and (3) and 245.6a(b)(3).  If the department determines the process 
described by this subsection is feasible, the department may 
implement the process.
	(d)  To enable the department to make the determination 
required by Subsection (c), the department, the Texas Education 
Agency, and the Health and Human Services Commission shall conduct 
a joint study.  Not later than September 1, 2006, the department, 
the Texas Education Agency, and the Health and Human Services 
Commission shall submit a joint report to the legislature regarding 
the results of the study required by this subsection.  This 
subsection expires January 1, 2007.
	SECTION 2.  Section 12.039(b), Agriculture Code, as added by 
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.