By: Miles  S.B. No. 725
         (In the Senate - Filed February 3, 2017; February 21, 2017,
  read first time and referred to Committee on Agriculture, Water &
  Rural Affairs; April 11, 2017, reported favorably by the following
  vote:  Yeas 7, Nays 0; April 11, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of a school district to donate food to a
  nonprofit organization to be served to students of the district.
         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 of the
  nonprofit organization who is directly affiliated with the campus,
  including a teacher, counselor, or parent of a student enrolled at
  the campus. The donated food may be received, stored, and
  distributed on the campus. Food donated by the campus may include:
               (1)  surplus food prepared for breakfast, lunch, or
  dinner meals or a snack to be served at the campus cafeteria,
  subject to any applicable local, state, and federal requirements;
  or
               (2)  food donated to the campus as the result of a food
  drive or similar event.
         (c)  The type of food donated under this section may include:
               (1)  packaged or unpackaged unserved food;
               (2)  packaged served food if the packaging is in good
  condition;
               (3)  whole, uncut produce;
               (4)  wrapped raw produce; and
               (5)  unpeeled fruit required to be peeled before
  consumption.
         (d)  Food donated under this section to a nonprofit
  organization may be distributed at the campus at any time. Campus
  employees may assist in preparing and distributing the food as
  volunteers for the nonprofit organization.
         (e)  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.
 
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