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  83R9565 JSL-D
 
  By: Ellis S.B. No. 1135
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain donations by school districts or public schools
  of food provided to the district or school through the national free
  or reduced-price school 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 Section 33.905 to read as follows:
         Sec. 33.905.  DONATIONS OF FOOD. (a)  A school district or
  school participating in the national free or reduced-price lunch
  program established under 42 U.S.C. Section 1751 et seq. may donate
  any food provided to the district or school through the program and
  not consumed under the program to a local food bank or charitable
  organization that is exempt from federal income tax under Section
  501(a), Internal Revenue Code of 1986, by being described by
  Section 501(c)(3) of that code.
         (b)  A school district or school making a donation under
  Subsection (a) is exempt from civil and criminal liability to the
  extent provided under 42 U.S.C. Section 1791.
         SECTION 2.  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, 2013.