By: Lucio, et al. S.B. No. 376
(Rodriguez of Travis, Aycock, Alvarado, J. Davis of Harris,
Miles)
A BILL TO BE ENTITLED
AN ACT
relating to breakfast for certain 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 board of trustees of the school
district or 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) A school district campus or an open-enrollment charter
school participating in the national school breakfast program
provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
in which 80 percent or more of the students qualify for a free or
reduced-price breakfast shall offer a free breakfast to each
student.
(c) The commissioner shall grant a waiver of the free
breakfast requirements under Subsection (b), not to exceed one
year, to a school district campus or an open-enrollment charter
school if the board of trustees of the school district or the
governing body of the open-enrollment charter school votes to
request the waiver at the annual meeting of the board of trustees
required under Section 44.004 or an annual meeting of the governing
body called to adopt a budget for the open-enrollment charter
school for the succeeding fiscal year. Before voting to request a
waiver under this subsection, the board of trustees or the
governing body shall list the waiver as a separate item for
consideration on the meeting's agenda and provide an opportunity
for public comment regarding the waiver at the meeting.
SECTION 2. It is the intent of the legislature that the
change in law made by Section 33.901, Education Code, as amended by
this Act, does not change or expand the eligibility requirements
under the Child Nutrition Act of 1966 (42 U.S.C. Section 1773). A
student who qualifies for a free or reduced-price breakfast under
federal law continues to qualify and a student who does not qualify
for a free or reduced-price breakfast does not qualify as a result
of this Act.
SECTION 3. This Act does not make an appropriation or
require a specific appropriation. Any new duty imposed on a state
agency as a result of this Act can be performed through the
appropriations provided by the legislature and any federal funding.
SECTION 4. This Act applies beginning with the 2014-2015
school year.
SECTION 5. 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, 2013.