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A BILL TO BE ENTITLED
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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. Section 33.907, Education Code, is amended by |
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amending Subsections (b), (c) and (d) and adding Subsection (b-1) |
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to read as follows: |
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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: |
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(1) a parent of a student enrolled at the campus; or |
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(2) a person [an official of the nonprofit
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organization] who is directly and officially affiliated with the |
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campus, including a teacher or [,] counselor[, or parent of a
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student enrolled at the campus]. |
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(b-1) The donated food may be received, stored, and |
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distributed on the campus. Food donated by the campus may include: |
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(1) surplus food prepared for breakfast, lunch, |
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snacks, or dinner meals [or a snack to be] served from [at] the |
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campus cafeteria, subject to any applicable local, state, and |
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federal requirements; 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 Subsection (b-1)(1) [this
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section] may include: |
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(1) [packaged or unpackaged] unserved food that was |
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packaged by a person on campus and that was never removed from the |
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campus food serving area before the food is donated; |
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(2) packaged served food if the packaging and food are |
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[is] in good condition and the temperature of the food has been |
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maintained as required by law; |
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(3) whole, uncut produce; and |
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(4) unserved wrapped raw produce the temperature of |
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which has been maintained as required by law[; 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. A person who assists in |
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preparing and distributing the food as a volunteer for the |
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nonprofit organization must be trained under Subchapter D, Chapter |
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438, Health and Safety Code or supervised by a person who has been |
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trained under that law. |
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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, 2019. |