By: Bernal, VanDeaver, Price, H.B. No. 367
Thompson of Harris, Minjarez, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a public school to donate food to a
nonprofit organization to be served to students of the school
.
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 or open-enrollment charter school may
allow a campus to elect to donate food to a nonprofit organization
through an official of the nonprofit organization who is directly
affiliated with the campus, including a teacher, counselor, or
parent of a student enrolled at the campus. The donated food may be
received, stored, and distributed on the campus. Food donated by
the campus may include:
(1) surplus food prepared for breakfast, lunch, or
dinner meals or a snack to be served at the campus cafeteria,
subject to any applicable local, state, and federal requirements;
or
(2) food donated to the campus as the result of a food
drive or similar event.
(c) The type of food donated under this section may include:
(1) packaged or unpackaged unserved food;
(2) packaged served food if the packaging is in good
condition;
(3) whole, uncut produce;
(4) wrapped raw produce; and
(5) unpeeled fruit required to be peeled before
consumption.
(d) Food donated under this section to a nonprofit
organization may be distributed at the campus at any time. Campus
employees may assist in preparing and distributing the food as
volunteers for the nonprofit organization.
(e) 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.