|  | 
      
        |  | 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 snacks or breakfast, | 
      
        |  | lunch, 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 was 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 subchapter. | 
      
        |  | 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. |