89R10941 RDR-D

By: Plesa H.B. No. 3968

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the School Meals Council to study and make recommendations regarding public school meal programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Agriculture Code, is amended by adding Chapter 24 to read as follows:

CHAPTER 24. SCHOOL MEALS COUNCIL

Sec. 24.001. DEFINITIONS. In this chapter:

(1) "Council" means the School Meals Council established under this chapter.

(2) "Public school meal program" means a program to provide free or reduced-price meals, including breakfast and lunch, to students in public schools. The term includes the national school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the national school lunch program of free or reduced-price lunches under 42 U.S.C. Section 1751 et seq., and a locally funded program to provide free or reduced-price meals to each eligible student.

Sec. 24.002. ESTABLISHMENT. The School Meals Council is established to study issues regarding public school meal programs and make recommendations to address those issues.

Sec. 24.003. COMPOSITION. (a) The council is composed of the following 13 members, who must have an interest in public school meal programs:

(1) five members appointed by the governor as follows:

(A) one representative of the Texas Education Agency whose duties include public school meal programs and school meals paid for by students;

(B) one representative of the department;

(C) one representative of the Health and Human Services Commission;

(D) one representative who participates in an initiative by the governor focusing on healthy student outcomes; and

(E) one representative of a nonprofit organization with a demonstrated history of facilitating public school meal programs;

(2) four members appointed by the lieutenant governor as follows:

(A) one representative who is a school district employee and who oversees the district's food and nutrition programs and has experience coordinating with a local school health advisory council;

(B) one representative of a supplier, grocery chain, or other organization that contributes to public school meals;

(C) one representative of the Texas A&M AgriLife Extension Service; and

(D) one mental health professional specializing in children's health; and

(3) four members appointed by the speaker of the house of representatives who must be representatives of food banks serving different populations across this state.

(b) In making appointments under Subsections (a)(1), (2), and (3), the governor, lieutenant governor, and speaker of the house of representatives shall coordinate to ensure that the membership of the council reflects, to the extent possible, the ethnic and geographic diversity of this state.

Sec. 24.004. TERMS; VACANCY. (a) A member of the council serves a two-year term.

(b) A member of the council may be reappointed to another term on the council.

(c) A vacancy on the council shall be filled in the same manner as the original appointment. The appropriate appointing authority shall appoint the successor not later than the 30th day after the date the vacancy occurs.

Sec. 24.005. COUNCIL OFFICERS; COMMITTEES. (a) The council members shall elect a chair and vice chair from among the council's members to serve a two-year term.

(b) The chair may appoint subcommittees and advisory committees to assist with the council's duties.

Sec. 24.006. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) The council shall convene at least once every quarter. The council may hold public meetings as needed to fulfill the council's duties under this chapter. The council shall ensure that meetings are held in locations across this state to allow maximum participation by stakeholders and the opportunity for public feedback.

(b) The council shall convene at the call of the chair or, if the chair is unable to call a meeting or does not call at least one meeting to meet the requirements of Subsection (a), at the call of the vice chair.

(c) The council shall:

(1) post the agenda for each council meeting on the council's Internet website at least 48 hours before the meeting; and

(2) not later than the 14th day after the date of each meeting, post on the council's Internet website the minutes or recording of the meeting required under Section 551.021, Government Code.

(d) The council is subject to Chapters 551 and 552, Government Code. As an exception to Chapter 551, Government Code, and other law, the council may meet by use of video conference call. This subsection applies for purposes of constituting a quorum, for purposes of voting, and for any other purpose allowing a member of the council to fully participate in any meeting of the council. A meeting held by use of video conference call:

(1) must be open to the public, which includes a video broadcast of the meeting in real time through the council's Internet website;

(2) must specify in the meeting notice the link to the video broadcast described by Subdivision (1); and

(3) must provide two-way video communication between all council members attending the meeting.

Sec. 24.007. COMPENSATION. A member of the council is not entitled to compensation for service on the council but is entitled to reimbursement for actual and necessary expenses incurred in performing council duties.

Sec. 24.008. COUNCIL PERSONNEL. The council may hire one part-time employee to carry out the purposes of this chapter.

Sec. 24.009. ADMINISTRATIVE SUPPORT AND FUNDING. (a) Staff members of the department shall provide administrative support for the council.

(b) Funding for the administrative, staffing, and operational expenses of the council shall be provided by appropriation to the department for that purpose.

Sec. 24.010. POWERS AND DUTIES. (a) The council shall:

(1) research, study, and monitor issues related to public school meal programs, including:

(A) participation rates for public school meal programs;

(B) nutritional quality of public school meals;

(C) current research and best practices related to addressing food insecurity, including patterns identified in this state regarding food insecurity;

(D) the health and academic success of students who participate in public school meal programs and any correlation with increased or decreased funding requirements or other impacts on public schools, including ad valorem taxes; and

(E) the impact of public school meal programs on:

(i) maternal morbidity and mortality; and

(ii) workforce health and productivity;

(2) analyze methods to maximize the use of state and federal funding to expand school meal opportunities for public school students;

(3) develop efficient processes to identify, apply for, and allocate available federal funding to support public school meal programs;

(4) analyze mechanisms to ensure compliance with federal guidelines and timelines for funding for public school meal programs to prevent missing funding opportunities for those programs;

(5) identify financial, logistical, and administrative barriers to implementing school meals for all public school students and develop strategies to address those barriers;

(6) analyze the current oversight and implementation strategy for public school meal programs to identify possible methods to consolidate those responsibilities into a single state agency;

(7) research other matters concerning public school meal programs as necessary; and

(8) perform other duties consistent with this chapter.

(b) In carrying out the council's powers and duties under this section, the council may request reports and other information relating to public school meal programs from the department, the Texas Education Agency, and any other state agency. The council may also consult with a faculty member of an institution of higher education, as defined by Section 61.003, Education Code, who has published scholarly research relating to public school meal programs.

Sec. 24.011. ANNUAL REPORT. Not later than November 1 of each year, the council shall submit to the governor, the lieutenant governor, and each member of the legislature a report on the council's findings under Section 24.010 and recommendations for legislative or other action.

Sec. 24.012. GIFTS, GRANTS, AND DONATIONS. The department may accept on behalf of the council a gift, grant, or donation from any source to carry out the purposes of this chapter.

Sec. 24.013. COUNCIL ABOLISHED; EXPIRATION. The council is abolished and this chapter expires September 1, 2033.

SECTION 2. (a) Not later than the 30th day after the effective date of this Act, the appropriate persons shall make the appointments required by Section 24.003, Agriculture Code, as added by this Act.

(b) Notwithstanding Section 24.011, Agriculture Code, as added by this Act, the School Meals Council shall submit the initial report required under that section not later than November 1, 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.