By: Bonnen of Galveston, Paul H.B. No. 1305
(Senate Sponsor - Taylor of Galveston)
(In the Senate - Received from the House May 7, 2015;
May 11, 2015, read first time and referred to Committee on
Education; May 19, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 19, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1305 By: Taylor of Galveston
COMMITTEE VOTE
YeaNayAbsentPNV
TaylorofGalvestonX
LucioX
BettencourtX
CampbellX
GarciaX
HuffinesX
KolkhorstX
RodrÃguezX
SeligerX
TaylorofCollinX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to a program to provide a free or reduced-price breakfast
to eligible students attending a public school and the method of
determining the number of educationally disadvantaged students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.901, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(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
open-enrollment charter school shall either:
(1) participate in the national program and make the
benefits of the national program available to all eligible students
in the schools or school; or
(2) develop and implement a locally funded program to
provide free meals, including breakfast and lunch, to each student
eligible for free meals under federal law and reduced-price meals,
including breakfast and lunch, to each student eligible for
reduced-price meals under federal law, provided that the reduced
price may not exceed the maximum allowable rate under federal law.
(a-1) A school district is permitted under Subsection (a) to
participate in the national program at one or more campuses in the
district and provide a locally funded program at one or more other
campuses in the district.
(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)
or providing a locally funded program in which 80 percent or more of
the students qualify under the national program for a free or
reduced-price breakfast shall offer a free breakfast to each
student.
SECTION 2. Section 42.152(b), Education Code, is amended to
read as follows:
(b) For purposes of this section, the number of
educationally disadvantaged students is determined:
(1) by averaging the best six months' numbers of
students eligible for enrollment in the national school lunch
program of free or reduced-price lunches for the preceding school
year; or
(2) in the manner provided by commissioner rule[, if
no campus in the district participated in the national school lunch
program of free or reduced-price lunches during the preceding
school year].
SECTION 3. This Act applies beginning with the 2015-2016
school year.
SECTION 4. 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, 2015.
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