85R12536 MM-D
 
  By: Hall S.B. No. 1308
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the program to provide free or reduced-price meals to
  certain public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 33.901(a) and (b), Education Code, are
  amended to read as follows:
         (a)  If at least 10 percent of the students enrolled in one or
  more schools in a school district or enrolled in an open-enrollment
  charter school are eligible for free or reduced-price breakfasts
  under the national school breakfast program provided for by the
  Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
  trustees of the school district or the governing body of the
  open-enrollment charter school may [shall either]:
               (1)  participate in the national program and make the
  benefits of the national program available to all eligible students
  in the schools or school; or
               (2)  develop and implement a locally funded program to
  provide free meals, including breakfast and lunch, to each student
  eligible for free meals under federal law and reduced-price meals,
  including breakfast and lunch, to each student eligible for
  reduced-price meals under federal law, provided that the reduced
  price may not exceed the maximum allowable rate under federal law.
         (b)  A school district campus or an open-enrollment charter
  school participating in the national school breakfast program
  provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section
  1773) or providing a locally funded program in which 80 percent or
  more of the students qualify under the national program for a free
  or reduced-price breakfast may [shall] offer a free breakfast to
  each student.
         SECTION 2.  Section 33.901(c), Education Code, is repealed.
         SECTION 3.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 4.  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.