81R1811 BEF-D
 
  By: Rodriguez H.B. No. 275
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to methods to increase the number of students who
  participate in school breakfast programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Agriculture Code, is amended by
  adding Sections 12.044 and 12.045 to read as follows:
         Sec. 12.044.  SCHOOL BREAKFAST PARTICIPATION INITIATIVES.
  (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)  Each school district shall instruct its school health
  advisory council to study and recommend to the district methods to
  increase participation in the breakfast program. The school health
  advisory council shall consider the likely benefit of a program to
  educate parents on the importance to their children's health of a
  regular eating schedule that includes breakfast.
         (c)  The department shall:
               (1)  encourage each school in which 60 percent or more
  of the students qualify for free or reduced-price breakfast to
  offer a free breakfast to all students in the school regardless of
  family income; and
               (2)  encourage schools to investigate alternative
  methods of serving breakfast, including serving breakfast after the
  school day has begun.
         Sec. 12.045.  SCHOOL BREAKFAST PARTICIPATION EXPANSION
  GRANTS. (a) In this section, "Provision 2" means the method of
  certifying children for free or reduced-price meals under 7 C.F.R.
  Section 245.9(b).
         (b)  The department by rule shall establish a competitive
  grant program through which the department will award grants for
  the implementation of school breakfast participation expansion
  programs. The department shall determine the grant period and the
  renewal procedures, if applicable.
         (c)  Grant proceeds may be used to fund expenses associated
  with a school breakfast participation expansion program,
  including:
               (1)  labor and training costs associated with
  incorporating breakfast into the regular school day;
               (2)  the purchase price of insulated containers and
  other equipment used to serve breakfast after the regular school
  day has begun;
               (3)  costs associated with an outreach program to
  publicize to parents the school breakfast expansion program; and
               (4)  incentive payments to school principals who meet
  goals for increased school breakfast participation.
         (d)  Grants under this section may be funded by gift or
  legislative appropriation. The department may receive gifts,
  donations, and grants of money to assist in financing the
  competitive grant program.
         (e)  An applicant for a grant under this section must be a
  school district. The applicant may apply for a grant to fund a
  school breakfast expansion program:
               (1)  for the entire district if the district meets the
  eligibility requirements under Subsection (f); or
               (2)  in one or more schools that meet the eligibility
  requirements under Subsection (f).
         (f)  A district is eligible to be considered for a grant
  under this section if:
               (1)  60 percent or more of the students in the district
  or the applicable schools receive free or reduced-price meals in
  the 2008-2009 school year;
               (2)  the district or schools do not currently use a
  nontraditional method to serve school breakfast; and
               (3)  the number of students who receive breakfast from
  the district or the applicable schools is less than 50 percent of
  the number of students who receive lunch from the school.
         (g)  To apply for a grant, an applicant must submit a written
  application to the department including a school breakfast
  participation expansion plan that:
               (1)  identifies strategies that the district or schools
  will use to incorporate breakfast into the regular school day and
  increase the number of students who eat school breakfast;
               (2)  indicates whether the district or schools will
  serve free meals to all students and, if so, indicates whether the
  district or schools will use Provision 2 or another method to ensure
  the integrity of claims for free or reduced-price meals;
               (3)  details how the grant proceeds will be used; and
               (4)  includes a goal for the percentage increase in the
  number of students who will eat school breakfast during the grant
  period.
         (h)  Each grant recipient must submit a report to the
  department quarterly that indicates:
               (1)  how the recipient is using the grant proceeds;
               (2)  the amount of grant proceeds the recipient has
  spent; and
               (3)  the recipient's progress toward meeting its goal
  under Subsection (g)(4).
         (i)  The department shall:
               (1)  develop requests for proposals associated with the
  grant program;
               (2)  select grant recipients; and
               (3)  monitor each recipient's use of grant proceeds.
         SECTION 2.  Not later than December 1, 2009, the Department
  of Agriculture shall establish and implement the school breakfast
  participation expansion grant program under Section 12.045,
  Agriculture Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2009.