By: Harris Davila H.B. No. 5378

A BILL TO BE ENTITLED

AN ACT

relating to the notice of certain food additives in meals provided by a public school.

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

SECTION 1. Chapter 33, Education Code, is amended by adding Subchapter H, and a heading is added to that subchapter to read as follows:

SUBCHAPTER H. SCHOOL NUTRITION PROGRAMS

SECTION 2. Sections 33.901, 33.907, and 33.908, Education Code, are transferred to Subchapter H, Chapter 33, Education Code, as added by this Act, redesignated as Sections 33.301, 33.302, and 33.303, Education Code, and amended to read as follows:

Sec. 33.301 [33.901]. BREAKFAST PROGRAMS. (a) If at least 10 percent of the students enrolled in one or more schools in a school district or enrolled in an open-enrollment charter school are eligible for free or reduced-price breakfasts under the national school breakfast program provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of trustees of the school district or the governing body of the open-enrollment charter school shall either:

(1) participate in the national program and make the benefits of the national program available to all eligible students in the schools or school; or

(2) develop and implement a locally funded program to provide free meals, including breakfast and lunch, to each student eligible for free meals under federal law and reduced-price meals, including breakfast and lunch, to each student eligible for reduced-price meals under federal law, provided that the reduced price may not exceed the maximum allowable rate under federal law.

(a-1) A school district is permitted under Subsection (a) to participate in the national program at one or more campuses in the district and provide a locally funded program at one or more other campuses in the district.

(b) A school district campus or an open-enrollment charter school participating in the national school breakfast program provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) or providing a locally funded program in which 80 percent or more of the students qualify under the national program for a free or reduced-price breakfast shall offer a free breakfast to each student.

(c) The commissioner shall grant a waiver of the free breakfast requirements under Subsection (b), not to exceed one year, to a school district campus or an open-enrollment charter school if the board of trustees of the school district or the governing body of the open-enrollment charter school votes to request the waiver at the annual meeting of the board of trustees required under Section 44.004 or an annual meeting of the governing body called to adopt a budget for the open-enrollment charter school for the succeeding fiscal year. Before voting to request a waiver under this subsection, the board of trustees or the governing body shall list the waiver as a separate item for consideration on the meeting's agenda and provide an opportunity for public comment regarding the waiver at the meeting.

Sec. 33.302 [33.907]. DONATION OF FOOD. (a) In this section:

(1) "Donate" has the meaning assigned by Section 76.001, Civil Practice and Remedies Code.

(2) "Nonprofit organization" has the meaning assigned by Section 76.001, Civil Practice and Remedies Code.

(b) A school district or open-enrollment charter school may allow a campus to elect to donate food to a nonprofit organization through a person who is directly and officially affiliated with the campus, including a teacher or counselor, or through a parent of a student enrolled at the campus. The donated food may be received, stored, and distributed on the campus. Food donated by the campus may include:

(1) surplus food prepared for breakfast, lunch, or dinner meals or snacks served from the campus cafeteria, subject to any applicable local, state, and federal requirements; or

(2) food donated to the campus as the result of a food drive or similar event.

(c) The type of food donated under Subsection (b)(1) may include:

(1) packaged unserved food that is packaged on the campus of a school district or open-enrollment charter school and has not been removed from the campus cafeteria;

(2) packaged served food if the packaging and food are in good condition;

(3) whole, uncut produce; and

(4) wrapped raw unserved produce.

(c-1) Food that by law must be maintained at a certain temperature for safety may not be donated unless the campus has maintained the food at the required temperature.

(d) Food donated under this section to a nonprofit organization may be distributed at the campus at any time. Campus employees may assist in preparing and distributing the food as volunteers for the nonprofit organization.

(e) Under this program, a school district or open-enrollment charter school may adopt a policy under which the district or charter school provides food at no cost to a student for breakfast, lunch, or dinner meals or a snack if the student is unable to purchase breakfast, lunch, or dinner meals or a snack.

(f) The commissioner may adopt rules as necessary to implement this section.

Sec. 33.303 [33.908]. GRACE PERIOD POLICY FOR EXHAUSTED OR INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of a school district that allows students to use a prepaid meal card or account to purchase meals served at schools in the district shall adopt a grace period policy regarding the use of the cards or accounts. The policy:

(1) must allow a student whose meal card or account balance is exhausted or insufficient to continue, for a period determined by the board, to purchase meals by:

(A) accumulating a negative balance on the student's card or account; or

(B) otherwise receiving an extension of credit from the district;

(2) must require the district to notify the parent of or person standing in parental relation to the student that the student's meal card or account balance is exhausted;

(3) may not permit the district to charge a fee or interest in connection with meals purchased under Subdivision (1); and

(4) may permit the district to set a schedule for repayment on the account balance as part of the notice to the parent or person standing in parental relation to the student.

SECTION 3. Subchapter H, Chapter 33, Education Code, as added by this Act, is amended by adding Section 33.304 to read as follows:

Sec. 33.304. INGREDIENTS IN SCHOOL MEALS. (a) A school district or open-enrollment charter school shall make available to a parent or guardian of each student enrolled in the district or school a list of food that contain the following ingredients that have been labeled as carcinogenic, endocrine disrupting, or hyperactivity-inducing chemicals:

(1) Butyl hydroxyanisole

(2) Potassium bromate

(3) Brominated Vegetable oil

(4) Artificial Dyes:

a. Yellow dye 5

b. Yellow dye 6

c. Red dye 40

d. Blue dye 1

e. Blue dye 2

f. Green dye 3

g. Red dye 3

(5) Propylparabens

(6) Butylated hydroxytoluene

(7) Titanium Dioxide

(8) High Fructose Corn Syrup

(9) Maltodextrin

(10) Azodicarbonamide

(11) Potassium Iodate

(12) Bisphenol A

(13) Arsenic

(14) Carrageenan

(15) Glyphosate

(16) Synthetic growth hormones

(b) A school district or open-enrollment charter school may publish a list of ingredients described by Subsection (a) on the district's or school's Internet website to comply with this section.

SECTION 4. This Act applies beginning with the 2025-2026 school year.

SECTION 5. 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.