By: Rodriguez, Dutton, Keffer, Leibowitz, H.B. No. 454

et al.

A BILL TO BE ENTITLED

AN ACT

relating to a study of methods to increase public school student participation in the national school breakfast program and school district participation in a special assistance provision of the national free or reduced-price breakfast or lunch program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 33, Education Code, is amended by adding Sections 33.9011 and 33.9012 to read as follows:

Sec. 33.9011. STUDY REGARDING PARTICIPATION IN BREAKFAST PROGRAM. (a) In this section, "breakfast program" means the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773).

(b) The agency shall conduct a study to identify methods for increasing the number of students who participate in the breakfast program, including:

(1) conducting a cost-benefit analysis in school districts in which 60 percent or more of the students qualify for free or reduced-priced breakfast to determine the impact of providing a free breakfast to:

(A) students who would otherwise pay a reduced price for breakfast; and

(B) all students in the district regardless of family income; and

(2) identifying programs and practices in school districts in this state and other states that are effective in increasing participation in the breakfast program.

(c) The agency shall conduct a study regarding methods to increase community awareness of nutrition programs, including community awareness of other programs that provide public nutrition assistance to students eligible for services under Section 29.153.

(d) The cost-benefit analysis required under Subsection (b) must:

(1) include an analysis of school districts that provide free breakfast to all students in the district regardless of family income; and

(2) assess:

(A) administrative costs to a school district;

(B) federal reimbursement made to a school district for free or reduced-price breakfast;

(C) cost per breakfast to a school district; and

(D) participation of students in the breakfast program.

(e) Not later than October 31, 2008, the commissioner shall prepare and deliver a report describing the results of the study to the governor, lieutenant governor, and speaker of the house of representatives. The report must:

(1) include the cost-benefit analysis required under Subsection (b);

(2) outline effective programs and practices identified under Subsection (b); and

(3) recommend to the legislature methods for increasing participation in the breakfast program.

(f) The agency shall make recommendations to school districts regarding methods to increase communication with the community, including effective methods to communicate with the parent of current students regarding the availability of the national school breakfast program provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) and other programs that provide public nutrition assistance to students eligible for services under Section 29.153.

(g) This subsection expires January 1, 2009.

Sec. 33.9012. BREAKFAST AND LUNCH PROGRAMS RESTRICTIONS. (a) In this section:

(1) "Breakfast and lunch program" means the national free or reduced-price breakfast and lunch program established under 42 U.S.C. Section 1751 et seq.

(2) "Special assistance provision of the breakfast or lunch program" means the special assistance certification and reimbursement alternative of the breakfast or lunch program that allows a school district or a campus in a school district to offer free breakfast or lunch to all students enrolled in that district or campus.

(b) The agency may not impose a standard or requirement on a school district's application to act under the special assistance provision of the breakfast or lunch program that is more restrictive than a federal standard or requirement applicable to the provision.

SECTION 2. This Act applies beginning with the 2007-2008 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, 2007.