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AN ACT
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relating to the donation and distribution of food at public |
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schools. |
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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 33.907 to read as follows: |
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Sec. 33.907. DONATION OF FOOD. (a) In this section: |
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(1) "Donate" has the meaning assigned by Section |
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76.001, Civil Practice and Remedies Code. |
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(2) "Nonprofit organization" has the meaning assigned |
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by Section 76.001, Civil Practice and Remedies Code. |
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(b) A school district or open-enrollment charter school may |
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allow a campus to elect to donate food to a nonprofit organization |
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through an official of the nonprofit organization who is directly |
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affiliated with the campus, including a teacher, counselor, or |
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parent of a student enrolled at the campus. The donated food may be |
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received, stored, and distributed on the campus. Food donated by |
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the campus may include: |
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(1) surplus food prepared for breakfast, lunch, or |
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dinner meals or a snack to be served at the campus cafeteria, |
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subject to any applicable local, state, and federal requirements; |
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or |
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(2) food donated to the campus as the result of a food |
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drive or similar event. |
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(c) The type of food donated under this section may include: |
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(1) packaged or unpackaged unserved food; |
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(2) packaged served food if the packaging is in good |
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condition; |
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(3) whole, uncut produce; |
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(4) wrapped raw produce; and |
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(5) unpeeled fruit required to be peeled before |
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consumption. |
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(d) Food donated under this section to a nonprofit |
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organization may be distributed at the campus at any time. Campus |
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employees may assist in preparing and distributing the food as |
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volunteers for the nonprofit organization. |
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(e) Under this program, a school district or |
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open-enrollment charter school may adopt a policy under which the |
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district or charter school provides food at no cost to a student for |
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breakfast, lunch, or dinner meals or a snack if the student is |
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unable to purchase breakfast, lunch, or dinner meals or a snack. |
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(f) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 2. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 3. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 725 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 25, 2017, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 725 passed the House, with |
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amendments, on May 20, 2017, by the following vote: Yeas 133, |
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Nays 0, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |