81R6648 EAH-D
 
  By: Lucio S.B. No. 869
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to free breakfast for certain public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.901, Education Code, is amended to
  read as follows:
         Sec. 33.901.  BREAKFAST PROGRAMS. (a)  If at least 10
  percent of the students enrolled in one or more schools in a school
  district or enrolled in an open-enrollment charter school are
  eligible for free or reduced-price breakfasts under the national
  school breakfast program provided for by the Child Nutrition Act of
  1966 (42 U.S.C. Section 1773), the governing body of the district or
  the open-enrollment charter school shall participate in the program
  and make the benefits of the program available to all eligible
  students in the schools or school.
         (b)  A school district campus or an open-enrollment charter
  school participating in the national school breakfast program
  provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
  in which 60 percent or more of the students qualify for a free or
  reduced-price breakfast shall provide a free breakfast to an
  elementary school student during school hours.  The Department of
  Agriculture shall reimburse the school district or open-enrollment
  charter school for any lost revenue resulting from a free breakfast
  provided under this subsection.
         (c)  The Department of Agriculture may adopt rules necessary
  to implement this section.
         SECTION 2.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 3.  This Act takes effect September 1, 2009.