By: Allen H.B. No. 3963
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the donation and distribution of food at public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.907, Education Code, is amended by
  amending Subsections (b), (c) and (d)  and adding Subsection (b-1)
  to read as follows:
         (b)  A school district or open-enrollment charter school may
  allow a campus to elect to donate food to a nonprofit organization
  through:
               (1)  a parent of a student enrolled at the campus; or
               (2)  a person [an official of the nonprofit
  organization] who is directly and officially affiliated with the
  campus, including a teacher or [,] counselor[, or parent of a
  student enrolled at the campus].
         (b-1)  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,
  snacks, or dinner meals [or a snack to be] served from [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 Subsection (b-1)(1) [this
  section] may include:
               (1)  [packaged or unpackaged] unserved food that was
  packaged by a person on campus and that was never removed from the
  campus food serving area before the food is donated;
               (2)  packaged served food if the packaging and food are
  [is] in good condition and the temperature of the food has been
  maintained as required by law;
               (3)  whole, uncut produce; and
               (4)  unserved wrapped raw produce the temperature of
  which has been maintained as required by law[; 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.  A person who assists in
  preparing and distributing the food as a volunteer for the
  nonprofit organization must be trained under Subchapter D, Chapter
  438, Health and Safety Code or supervised by a person who has been
  trained under that law.
         SECTION 2.  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, 2019.