80R12287 CAE-F
 
  By: Rodriguez, Dutton, Keffer H.B. No. 454
 
Substitute the following for H.B. No. 454:
 
  By:  Dutton C.S.H.B. No. 454
 
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 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.
       (d)  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.
       (e)  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.