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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to certain donations by school districts or public schools  | 
      
      
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        of food provided to the district or school through the national free  | 
      
      
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        or reduced-price school lunch program. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subchapter Z, Chapter 33, Education Code, is  | 
      
      
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        amended by adding Section 33.905 to read as follows: | 
      
      
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               Sec. 33.905.  DONATIONS OF FOOD.  (a)  A school district or  | 
      
      
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        school participating in the national free or reduced-price lunch  | 
      
      
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        program established under 42 U.S.C. Section 1751 et seq. may donate  | 
      
      
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        any food provided to the district or school through the program and  | 
      
      
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        not consumed under the program to a local food bank or charitable  | 
      
      
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        organization that is exempt from federal income tax under Section  | 
      
      
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        501(a), Internal Revenue Code of 1986, by being described by  | 
      
      
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        Section 501(c)(3) of that code. | 
      
      
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               (b)  A school district or school making a donation under  | 
      
      
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        Subsection (a) is exempt from civil and criminal liability to the  | 
      
      
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        extent provided under 42 U.S.C. Section 1791. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2013. |