89R14823 MP-D
 
  By: Shofner H.B. No. 3738
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an annual study on perfluoroalkyl and polyfluoroalkyl
  substances (PFAS) in school lunches.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.052 to read as follows:
         Sec. 12.052.  STUDY ON PERFLUOROALKYL AND POLYFLUOROALKYL
  SUBSTANCES IN SCHOOL LUNCHES.  (a)  In this section,
  "perfluoroalkyl and polyfluoroalkyl substance" means any member of
  the class of manufactured fluorinated chemicals containing at least
  one fully fluorinated carbon atom.
         (b)  The department, with assistance from the Texas
  Education Agency, shall conduct an annual study to determine levels
  of perfluoroalkyl and polyfluoroalkyl substances in food served to
  students under the school lunch program administered by the
  department under 42 U.S.C. Section 1751 et seq.  The study must
  analyze representative samples of:
               (1)  each food distributed to schools under the
  program; and
               (2)  other foods commonly purchased by schools using
  program subsidies.
         (c)  Not later than December 31 of each year, the department
  shall prepare a report with the results of the study conducted under
  Subsection (b) and submit the report to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and each member of the legislature.
         (d)  The department shall adopt rules necessary to implement
  this section, including to determine which perfluoroalkyl and
  polyfluoroalkyl substances to test for in the food served to
  students. 
         SECTION 2.  Notwithstanding Section 12.052, Agriculture
  Code, as added by this Act, the Department of Agriculture is not
  required to submit the initial report required by that section
  until December 31, 2026.
         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.