82R13482 GCB-D By: Giddings H.B. No. 3288 A BILL TO BE ENTITLED AN ACT relating to breakfast programs for public school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.901, Education Code, is amended to read as follows: Sec. 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 governing body of the district or the open-enrollment charter school shall participate in the program and make the benefits of the program available to all eligible students in the schools or school. (b) With the goal of improving childhood nutrition, alleviating childhood obesity, and improving academic performance, the commissioner shall encourage all school district and open-enrollment charter school campuses to create healthy breakfast programs in partnership with the Texas Association for School Nutrition or a similar organization that promotes child nutrition programs. If a campus has implemented a coordinated health program under Section 38.013, a breakfast program shall be incorporated into that program. SECTION 2. 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, 2011.