88R14270 PRL-D
 
  By: Bernal H.B. No. 4746
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of a school district or open-enrollment
  charter school to receive a grant from the Department of
  Agriculture to provide surplus agricultural products to certain
  students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.001, Agriculture Code, is amended to
  read as follows:
         Sec. 21.001.  CREATION.  The department by rule shall
  develop a program to award grants to:
               (1)  nonprofit organizations for the purpose of
  collecting and distributing surplus agricultural products to food
  banks and other charitable organizations that serve needy or
  low-income individuals; and
               (2)  public schools for the purpose of collecting and
  distributing surplus agricultural products to educationally
  disadvantaged students.
         SECTION 2.  Section 21.002, Agriculture Code, is amended to
  read as follows:
         Sec. 21.002.  ELIGIBILITY.  (a)  For the purposes of this
  chapter:
               (1)  "Educationally disadvantaged" has the meaning
  assigned by Section 5.001, Education Code.
               (2)  "Public school" means a school district or an
  open-enrollment charter school established under Subchapter D,
  Chapter 12, Education Code.
         (b)  Subject to available funds:
               (1)  [,] a nonprofit organization is eligible to
  receive a grant under this chapter if the organization:
                     (A) [(1)]  has at least five years of experience
  coordinating a statewide network of food banks and charitable
  organizations that serve each county of this state;
                     (B) [(2)]  operates a program that coordinates
  the collection and transportation of surplus agricultural products
  to a statewide network of food banks that provide food to needy or
  low-income individuals; and
                     (C) [(3)]  submits to the department, in the
  manner and time prescribed by the department, a proposal for the
  collection and distribution to food banks or other charitable
  organizations for use in providing food to needy or low-income
  individuals of surplus agricultural products, including:
                           (i) [(A)]  a description of the proposal;
                           (ii) [(B)]  a schedule of projected costs
  for the proposal;
                           (iii) [(C)]  measurable goals for the
  proposal; and
                           (iv) [(D)]  a plan for evaluating the
  success of the proposal; and
               (2)  a public school is eligible to receive a grant
  under this chapter if the school submits to the department, in the
  manner and time prescribed by the department, a proposal for the
  collection and distribution of surplus agricultural products to
  educationally disadvantaged students that includes the information
  required to be provided under Subdivisions (1)(C)(i)-(iv).
         SECTION 3.  Section 21.003, Agriculture Code, is amended to
  read as follows:
         Sec. 21.003.  REPORT.  A nonprofit organization or public
  school that receives a grant under this chapter must report the
  results of the project to the department in the manner prescribed by
  the department.
         SECTION 4.  Section 33.907, Education Code, is amended by
  amending Subsection (a) and adding Subsection (e-1) to read as
  follows:
         (a)  In this section:
               (1)  "Donate" has the meaning assigned by Section
  76.001, Civil Practice and Remedies Code.
               (2)  "Educationally disadvantaged" has the meaning
  assigned by Section 5.001.
               (3)  "Nonprofit organization" has the meaning assigned
  by Section 76.001, Civil Practice and Remedies Code.
         (e-1)  A school district or open-enrollment charter school
  may:
               (1)  adopt a policy allowing a campus in the district or
  school to collect surplus agricultural products that are eligible
  for donation under Subsection (b) and donate the products to the
  families of educationally disadvantaged students enrolled at the
  campus; and
               (2)  apply to receive a grant under the grant program
  established under Chapter 21, Agriculture Code, for a campus that
  makes the election under Subdivision (1).
         SECTION 5.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 6.  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, 2023.