S.B. No. 89
AN ACT
relating to summer nutrition programs provided for by school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.0029 to read as follows:
Sec. 12.0029. SUMMER NUTRITION PROGRAMS. (a) In this
section:
(1) "Field office" means a field office of a nutrition
program administered by the department.
(2) "Summer nutrition program" means the summer food
service program under 42 U.S.C. Section 1761. The term includes the
seamless summer option under 42 U.S.C. Section 1761(a)(8).
(b) Unless the department grants a school district a waiver
under Subsection (f), a district in which 50 percent or more of the
students are eligible to participate in the national free or
reduced-price lunch program under 42 U.S.C. Section 1751 et seq.
shall provide or arrange for the provision of a summer nutrition
program for at least 30 days during the period in which district
schools are recessed for the summer.
(c) Not later than October 31 of each year, the department
shall notify each school district described by Subsection (b) of
the district's responsibility concerning provision of a summer
nutrition program during the next period in which school is
recessed for the summer.
(d) Not later than November 30 of each year, the board of
trustees of a school district that intends to request a waiver under
Subsection (e)(2) must send written notice of the district's
intention to the district's local school health advisory council.
The notice must include an explanation of the district's reason for
requesting a waiver of the requirement.
(e) Each school district that receives a notice under
Subsection (c) shall, not later than January 31 of the year
following the year in which the notice was received:
(1) inform the department in writing that the district
intends to provide or arrange for the provision of a summer
nutrition program during the next period in which district schools
are recessed for the summer; or
(2) request in writing that the department grant the
district a waiver of the requirement to provide or arrange for the
provision of a summer nutrition program.
(f) The department may grant a school district a waiver of
the requirement to provide or arrange for the provision of a summer
nutrition program only if:
(1) the district:
(A) provides documentation, verified by the
department, showing that:
(i) there are fewer than 100 children in the
district currently eligible for the national free or reduced-price
lunch program;
(ii) transportation to enable district
students to participate in the program is an insurmountable
obstacle to the district's ability to provide or arrange for the
provision of the program despite consultation by the district with
public transit providers;
(iii) the district is unable to provide or
arrange for the provision of a program due to renovation or
construction of district facilities and the unavailability of an
appropriate alternate provider or site; or
(iv) the district is unable to provide or
arrange for the provision of a program due to another specified
extenuating circumstance and the unavailability of an appropriate
alternate provider or site; and
(B) has worked with the field offices to identify
another possible provider for the program in the district; or
(2) the cost to the district to provide or arrange for
provision of a program would be cost-prohibitive, as determined by
the department using the criteria and methodology established under
Subsection (g).
(g) The department by rule shall establish criteria and a
methodology for determining whether the cost to a school district
to provide or arrange for provision of a summer nutrition program
would be cost-prohibitive for purposes of granting a waiver under
Subsection (f)(2).
(h) A waiver granted under Subsection (f) is for a one-year
period.
(i) If a school district has requested a waiver under
Subsection (e)(2) and has been unable to provide to the department a
list of possible providers for the summer nutrition program, the
field offices shall continue to attempt to identify an alternate
provider for the district's summer nutrition program.
(j) Not later than December 31 of each even-numbered year,
the department shall provide to the legislature by e-mail a report
that, for each year of the biennium:
(1) states the name of each school district that
receives a notice under Subsection (c) and indicates whether the
district:
(A) has provided or arranged for the provision of
a summer nutrition program; or
(B) has not provided or arranged for the
provision of a program and did not receive a waiver;
(2) identifies the funds, other than federal funds,
used by school districts and the state in complying with this
section; and
(3) identifies the total amount of any profit made or
loss incurred through summer nutrition programs under this section.
(k) The department shall post and maintain on the
department's Internet website the most recent report required by
Subsection (j).
SECTION 2. Section 33.024, Human Resources Code, is
repealed.
SECTION 3. Not later than October 1, 2011, the Department of
Agriculture shall adopt rules under Subsection (g), Section
12.0029, Agriculture Code, as added by this Act, establishing
criteria and a methodology regarding costs of school district
summer nutrition programs.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 89 passed the Senate on
April 20, 2011, by the following vote: Yeas 24, Nays 7;
May 25, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2011, House
granted request of the Senate; May 29, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 24,
Nays 7.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 89 passed the House, with
amendments, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting; May 26, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2011, House adopted Conference Committee Report by the
following vote: Yeas 121, Nays 25, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor