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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain food additives from being included |
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in free or reduced-price meals provided by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 33, Education Code, is |
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amended by adding Section 33.9011 to read as follows: |
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Sec. 33.9011. PROHIBITION ON CERTAIN ADDITIVES IN FREE OR |
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REDUCED-PRICE MEALS. (a) In this section: |
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(1) "National school breakfast program" means the |
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national school breakfast program under the Child Nutrition Act of |
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1966 (42 U.S.C. Section 1773). |
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(2) "National school lunch program" means the national |
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school lunch program of free or reduced-price lunches under 42 |
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U.S.C. Section 1751 et seq. |
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(b) A school district or open-enrollment charter school |
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that provides free or reduced-price meals to eligible students |
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under Section 33.901, the national school breakfast program, or the |
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national school lunch program may not provide as part of a free or |
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reduced-price meal any food that contains the following substances: |
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(1) brominated vegetable oil (BVO); |
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(2) potassium bromate; |
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(3) propylparaben; |
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(4) azodicarbonamide; |
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(5) butylated hydroxyanisole (BHA); |
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(6) red 3 (CAS 16423-68-0); |
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(7) red 40 (CAS 25956-17-6); |
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(8) yellow 5 (CAS 1934-21-0); |
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(9) yellow 6 (CAS 2783-94-0); |
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(10) blue 1 (CAS 3844-45-9); |
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(11) blue 2 (CAS 860-22-0); |
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(12) green 3 (CAS 2353-45-9); |
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(13) caramel (CAS 8028-89-5); |
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(14) titanium dioxide; or |
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(15) any additive that is substantially similar to an |
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additive specified in Subdivisions (1) through (14). |
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(c) A school district or open-enrollment charter school |
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that receives a waiver under Section 7.056 is not in violation of |
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this section. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2026-2027 school year. |
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(b) This Act applies only to a contract to provide food for |
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free or reduced-price meals, as described by Section 33.9011, |
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Education Code, as added by this Act, entered into or renewed on or |
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after September 1, 2026. |
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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. |