87R8542 JES-F
 
  By: Miles S.B. No. 1351
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the donation of food by public school campuses.
         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 (c-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 a person [an official of the nonprofit organization] who is
  directly and officially affiliated with the campus, including a
  teacher or [,] counselor, or through a 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 snacks [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) [this
  section] may include:
               (1)  packaged [or unpackaged] unserved food that is
  packaged on the campus of a school district or open-enrollment
  charter school and has not been removed from the campus cafeteria;
               (2)  packaged served food if the packaging and food are
  [is] in good condition;
               (3)  whole, uncut produce; and
               (4)  wrapped raw unserved produce[; and
               [(5)  unpeeled fruit required to be peeled before
  consumption].
         (c-1)  Food that by law must be maintained at a certain
  temperature for safety may not be donated unless the campus has
  maintained the food at the required temperature.
         (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.  Each person who assists
  in the preparation and distribution of food as a volunteer must have
  completed, or be supervised by a person who has completed, a basic
  food safety education or training program for food handlers
  accredited under Subchapter D, Chapter 438, Health and Safety Code.
         SECTION 2.  This Act takes effect September 1, 2021.