Texas 2009 - 81st Regular

Texas House Bill HB275 Compare Versions

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11 81R1811 BEF-D
22 By: Rodriguez H.B. No. 275
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to methods to increase the number of students who
88 participate in school breakfast programs.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 12, Agriculture Code, is amended by
1111 adding Sections 12.044 and 12.045 to read as follows:
1212 Sec. 12.044. SCHOOL BREAKFAST PARTICIPATION INITIATIVES.
1313 (a) In this section, "breakfast program" means the national school
1414 breakfast program provided for by the Child Nutrition Act of 1966
1515 (42 U.S.C. Section 1773).
1616 (b) Each school district shall instruct its school health
1717 advisory council to study and recommend to the district methods to
1818 increase participation in the breakfast program. The school health
1919 advisory council shall consider the likely benefit of a program to
2020 educate parents on the importance to their children's health of a
2121 regular eating schedule that includes breakfast.
2222 (c) The department shall:
2323 (1) encourage each school in which 60 percent or more
2424 of the students qualify for free or reduced-price breakfast to
2525 offer a free breakfast to all students in the school regardless of
2626 family income; and
2727 (2) encourage schools to investigate alternative
2828 methods of serving breakfast, including serving breakfast after the
2929 school day has begun.
3030 Sec. 12.045. SCHOOL BREAKFAST PARTICIPATION EXPANSION
3131 GRANTS. (a) In this section, "Provision 2" means the method of
3232 certifying children for free or reduced-price meals under 7 C.F.R.
3333 Section 245.9(b).
3434 (b) The department by rule shall establish a competitive
3535 grant program through which the department will award grants for
3636 the implementation of school breakfast participation expansion
3737 programs. The department shall determine the grant period and the
3838 renewal procedures, if applicable.
3939 (c) Grant proceeds may be used to fund expenses associated
4040 with a school breakfast participation expansion program,
4141 including:
4242 (1) labor and training costs associated with
4343 incorporating breakfast into the regular school day;
4444 (2) the purchase price of insulated containers and
4545 other equipment used to serve breakfast after the regular school
4646 day has begun;
4747 (3) costs associated with an outreach program to
4848 publicize to parents the school breakfast expansion program; and
4949 (4) incentive payments to school principals who meet
5050 goals for increased school breakfast participation.
5151 (d) Grants under this section may be funded by gift or
5252 legislative appropriation. The department may receive gifts,
5353 donations, and grants of money to assist in financing the
5454 competitive grant program.
5555 (e) An applicant for a grant under this section must be a
5656 school district. The applicant may apply for a grant to fund a
5757 school breakfast expansion program:
5858 (1) for the entire district if the district meets the
5959 eligibility requirements under Subsection (f); or
6060 (2) in one or more schools that meet the eligibility
6161 requirements under Subsection (f).
6262 (f) A district is eligible to be considered for a grant
6363 under this section if:
6464 (1) 60 percent or more of the students in the district
6565 or the applicable schools receive free or reduced-price meals in
6666 the 2008-2009 school year;
6767 (2) the district or schools do not currently use a
6868 nontraditional method to serve school breakfast; and
6969 (3) the number of students who receive breakfast from
7070 the district or the applicable schools is less than 50 percent of
7171 the number of students who receive lunch from the school.
7272 (g) To apply for a grant, an applicant must submit a written
7373 application to the department including a school breakfast
7474 participation expansion plan that:
7575 (1) identifies strategies that the district or schools
7676 will use to incorporate breakfast into the regular school day and
7777 increase the number of students who eat school breakfast;
7878 (2) indicates whether the district or schools will
7979 serve free meals to all students and, if so, indicates whether the
8080 district or schools will use Provision 2 or another method to ensure
8181 the integrity of claims for free or reduced-price meals;
8282 (3) details how the grant proceeds will be used; and
8383 (4) includes a goal for the percentage increase in the
8484 number of students who will eat school breakfast during the grant
8585 period.
8686 (h) Each grant recipient must submit a report to the
8787 department quarterly that indicates:
8888 (1) how the recipient is using the grant proceeds;
8989 (2) the amount of grant proceeds the recipient has
9090 spent; and
9191 (3) the recipient's progress toward meeting its goal
9292 under Subsection (g)(4).
9393 (i) The department shall:
9494 (1) develop requests for proposals associated with the
9595 grant program;
9696 (2) select grant recipients; and
9797 (3) monitor each recipient's use of grant proceeds.
9898 SECTION 2. Not later than December 1, 2009, the Department
9999 of Agriculture shall establish and implement the school breakfast
100100 participation expansion grant program under Section 12.045,
101101 Agriculture Code, as added by this Act.
102102 SECTION 3. This Act takes effect September 1, 2009.