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A BILL TO BE ENTITLED
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AN ACT
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relating to school district grace period policies and the provision |
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of meals to public school students with insufficient balances on |
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prepaid meal cards or in meal accounts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.908, Education Code, is amended to |
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read as follows: |
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Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR |
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INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section, |
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"regular meal" means a meal for which a school district ordinarily |
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receives reimbursement under the national free or reduced-price |
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lunch program established under 42 U.S.C. Section 1751 et seq. |
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(b) The board of trustees of a school district that allows |
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students to use a prepaid meal card or account to purchase meals |
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served at schools in the district shall adopt a grace period policy |
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regarding the use of the cards or accounts. The policy: |
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(1) must allow a student whose meal card or account |
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balance is exhausted or insufficient to continue, for a period |
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determined by the board of at least one week, to purchase regular |
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meals by: |
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(A) accumulating a negative balance on the |
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student's card or account; or |
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(B) otherwise receiving an extension of credit |
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from the district; |
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(2) must require the district to make at least three |
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attempts during the period described by Subdivision (1) to |
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privately: |
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(A) notify the parent of or person standing in |
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parental relation to the student that the student's meal card or |
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account balance is exhausted, including by sending home with the |
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student in an unmarked envelope a written notice of a negative |
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balance or other amount due and an application for free or |
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reduced-price meals; |
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(B) make arrangements with the parent or other |
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person for payment of negative balances or amounts otherwise due, |
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including through use of a payment plan; and |
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(C) assist the parent or other person in |
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completing an application on behalf of the student for free or |
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reduced-price meals, if it is determined that the student may be |
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eligible for free or reduced-price meals; |
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(3) may not permit the district to charge a fee or |
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interest in connection with meals purchased under Subdivision (1); |
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and |
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(4) may permit the district to set a schedule for |
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repayment on the account balance or other amount due if the district |
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is unable to set a repayment schedule by agreement through efforts |
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required under Subdivision (2) [as part of the notice to the parent |
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or person standing in parental relation to the student]. |
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(c) After expiration of the period described by Subsection |
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(b)(1) and completion of duties required under Subsection (b)(2), |
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the school district shall continue to provide to the student |
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regular meals as described by Subsection (b)(1) at no cost to the |
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student. |
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(d) If a school district is unable to obtain payment |
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sufficient to cover the negative balance or extension of credit on a |
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student's meal card or account from the student's parent or a person |
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standing in parental relation to the student before the end of the |
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school year, the district: |
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(1) may apply toward the negative balance or credit |
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private donations solicited for that purpose and maintained in a |
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separate district account; |
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(2) shall provide the parent or other person with an |
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application on behalf of the student for free or reduced-price |
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meals, if the district determines that the student may be eligible |
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for free or reduced-price meals in the subsequent school year; and |
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(3) may not transfer a negative balance on a student's |
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meal card or account to the meal card or account held by the student |
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in a subsequent school year. |
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(e) A school district may not require a student to repeat a |
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grade level, prevent a student from graduating, withhold a diploma |
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from a student, or prohibit a student from participating in |
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school-related activity due to a negative balance or extension of |
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credit on the student's meal card or account. |
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(f) A school district may not publicly identify a student |
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with a negative balance or extension of credit on a meal card or |
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account and must implement an action authorized under this section |
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in a manner that does not stigmatize or cause embarrassment to a |
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student. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. 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, 2025. |