By: Bernal H.B. No. 367
A BILL TO BE ENTITLED
AN ACT
relating to feeding hungry children through efficient use of excess
food in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.907 to read as follows:
Sec. 33.907. DONATION OF FOOD. (a) In this section:
(1) "Donate" has the meaning assigned by Section
76.001, Civil Practice and Remedies Code.
(2) "Nonprofit organization" has the meaning assigned
by Section 76.001, Civil Practice and Remedies Code.
(b) A school district may allow a campus to elect to donate
food to a nonprofit organization through an official on campus
nonprofit organization representative or designee who is directly
affiliated with the campus, such as a teacher, counselor, or PTA
member and the donated food may be received, stored, and
redistributed on campus at any time. Food donated by the campus may
include:
(1) surplus food from breakfast, lunch, snack and
dinner meals served at the campus cafeteria, subject to any
applicable local, state and federal requirements; or
(2) food donated to the on-campus non-profit
representative as a result of a food drive or similar event.
(3) Examples of eligible left-over food include
packaged/unpackaged unserved food; served/unserved/food with
packaging in good condition; whole, uncut produce; wrapped raw
produce; and/or fruit which will be peeled (bananas, oranges).
(c) Food donated under this section to a nonprofit
organization may be redistributed on the campus. Campus employees
may assist in preparing and distributing the food as volunteers for
the nonprofit organization.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. This Act applies beginning with the 2017-2018
school year.
SECTION 3. 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, 2017.