89R1661 MM-D
 
  By: Harris Davila H.B. No. 1290
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain food additives from being included
  in free or reduced-price meals provided by school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 33, Education Code, is
  amended by adding Section 33.9011 to read as follows:
         Sec. 33.9011.  PROHIBITION ON CERTAIN ADDITIVES IN FREE OR
  REDUCED-PRICE MEALS. (a) In this section:
               (1)  "National school breakfast program" means the
  national school breakfast program under the Child Nutrition Act of
  1966 (42 U.S.C. Section 1773).
               (2)  "National school lunch program" means the national
  school lunch program of free or reduced-price lunches under 42
  U.S.C. Section 1751 et seq.
         (b)  A school district or open-enrollment charter school
  that provides free or reduced-price meals to eligible students
  under Section 33.901, the national school breakfast program, or the
  national school lunch program may not provide as part of a free or
  reduced-price meal any food that contains the following substances:
               (1)  brominated vegetable oil (BVO);
               (2)  potassium bromate;
               (3)  propylparaben;
               (4)  azodicarbonamide;
               (5)  butylated hydroxyanisole (BHA);
               (6)  red dye 3; or
               (7)  titanium dioxide. 
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, this Act applies beginning with the 2025-2026 school year.
         (b)  This Act applies only to a contract to provide food for
  free or reduced-price meals, as described by Section 33.9011,
  Education Code, as added by this Act, entered into or renewed on or
  after September 1, 2025.
         SECTION 3.  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, 2025.