By: Bernal H.B. No. 367
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to feeding hungry children through efficient use of excess
  food in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 33, Education Code, is
  amended by adding Section 33.907 to read as follows:
         Sec. 33.907.  DONATION OF FOOD. (a)  In this section:
               (1)  "Donate" has the meaning assigned by Section
  76.001, Civil Practice and Remedies Code.
               (2)  "Nonprofit organization" has the meaning assigned
  by Section 76.001, Civil Practice and Remedies Code.
         (b)  A school district may allow a campus to elect to donate
  food to a nonprofit organization through an official on campus
  nonprofit organization representative or designee who is directly
  affiliated with the campus, such as a teacher, counselor, or PTA
  member and the donated food may be received, stored, and
  redistributed on campus at any time.  Food donated by the campus may
  include:
               (1)  surplus food from breakfast, lunch, snack and
  dinner meals served at the campus cafeteria, subject to any
  applicable local, state and federal requirements; or
               (2)  food donated to the on-campus non-profit
  representative as a result of a food drive or similar event.
               (3)  Examples of eligible left-over food include
  packaged/unpackaged unserved food; served/unserved/food with
  packaging in good condition; whole, uncut produce; wrapped raw
  produce; and/or fruit which will be peeled (bananas, oranges).
         (c)  Food donated under this section to a nonprofit
  organization may be redistributed on the campus. Campus employees
  may assist in preparing and distributing the food as volunteers for
  the nonprofit organization.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 2.  This Act applies beginning with the 2017-2018
  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, 2017.