Texas 2013 - 83rd Regular

Texas Senate Bill SB376 Compare Versions

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1	1	By: Lucio, et al. S.B. No. 376
2	2	(Rodriguez of Travis, Aycock, Alvarado, J. Davis of Harris,
3	3	Miles)
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to breakfast for certain public school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.901, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 33.901. BREAKFAST PROGRAMS. (a) If at least 10
13	13	percent of the students enrolled in one or more schools in a school
14	14	district or enrolled in an open-enrollment charter school are
15	15	eligible for free or reduced-price breakfasts under the national
16	16	school breakfast program provided for by the Child Nutrition Act of
17	17	1966 (42 U.S.C. Section 1773), the board of trustees of the school
18	18	district or the governing body of [the district or] the
19	19	open-enrollment charter school shall participate in the program and
20	20	make the benefits of the program available to all eligible students
21	21	in the schools or school.
22	22	(b) A school district campus or an open-enrollment charter
23	23	school participating in the national school breakfast program
24	24	provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
25	25	in which 80 percent or more of the students qualify for a free or
26	26	reduced-price breakfast shall offer a free breakfast to each
27	27	student.
28	28	(c) The commissioner shall grant a waiver of the free
29	29	breakfast requirements under Subsection (b), not to exceed one
30	30	year, to a school district campus or an open-enrollment charter
31	31	school if the board of trustees of the school district or the
32	32	governing body of the open-enrollment charter school votes to
33	33	request the waiver at the annual meeting of the board of trustees
34	34	required under Section 44.004 or an annual meeting of the governing
35	35	body called to adopt a budget for the open-enrollment charter
36	36	school for the succeeding fiscal year. Before voting to request a
37	37	waiver under this subsection, the board of trustees or the
38	38	governing body shall list the waiver as a separate item for
39	39	consideration on the meeting's agenda and provide an opportunity
40	40	for public comment regarding the waiver at the meeting.
41	41	SECTION 2. It is the intent of the legislature that the
42	42	change in law made by Section 33.901, Education Code, as amended by
43	43	this Act, does not change or expand the eligibility requirements
44	44	under the Child Nutrition Act of 1966 (42 U.S.C. Section 1773). A
45	45	student who qualifies for a free or reduced-price breakfast under
46	46	federal law continues to qualify and a student who does not qualify
47	47	for a free or reduced-price breakfast does not qualify as a result
48	48	of this Act.
49	49	SECTION 3. This Act does not make an appropriation or
50	50	require a specific appropriation. Any new duty imposed on a state
51	51	agency as a result of this Act can be performed through the
52	52	appropriations provided by the legislature and any federal funding.
53	53	SECTION 4. This Act applies beginning with the 2014-2015
54	54	school year.
55	55	SECTION 5. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2013.