By: Bernal, et al. (Senate Sponsor - Miles) H.B. No. 367
(In the Senate - Received from the House April 24, 2017;
May 9, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 17, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 5, Nays 1, 1 present not voting; May 17, 2017, sent to
printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 367 By: RodrÃguez
A BILL TO BE ENTITLED
AN ACT
relating to donation and distribution of surplus food at public
schools and grace period policies for public school students with
insufficient balances on prepaid meal cards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Student Fairness
in Feeding Act.
SECTION 2. 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 3. Section 33.908, Education Code, is amended to
read as follows:
Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
"regular meal" means a meal for which a school district ordinarily
receives reimbursement under the national free or reduced-price
lunch program established under 42 U.S.C. Section 1751 et seq.
(b) A school district that allows students to use a prepaid
meal card or account to purchase meals served at the school shall
adopt a grace period policy regarding the use of the cards or
accounts. The policy:
(1) must allow a student whose meal card or account
balance is exhausted or insufficient to continue, for a grace
period determined by the board of trustees of the district, to
purchase regular meals by:
(A) accumulating a negative balance on the
student's card or account; or
(B) otherwise receiving an extension of credit
from the district;
(2) must require the district to make at least one
attempt by telephone or e-mail during each week of the grace period
to privately:
(A) notify the parent of or person standing in
parental relation to the student that the student's meal card or
account balance is exhausted;
(B) make arrangements with the parent or other
person for payment of negative balances or amounts otherwise due,
including through use of a payment plan; and
(C) assist the parent or other person in
completing an application on behalf of the student for free or
reduced-price meals, if it is determined that the student may be
eligible for free or reduced-price meals;
(3) must require the district to provide the parent or
other person with a written notice of a negative balance or other
amount due that includes information on how to obtain an
application for free or reduced-price meals;
(4) may not permit the district to charge a fee or
interest in connection with meals purchased under Subdivision (1);
and
(5) [(4)] may permit the district to set a schedule
for repayment on the account balance or other amount due if the
district is unable to set a repayment schedule by agreement through
efforts required under Subdivision (2) [as part of the notice to the
parent or person standing in parental relation to the student].
(c) After expiration of the grace period, the school
district may:
(1) permit the student to continue to purchase regular
meals in the manner described by Subsection (b)(1); or
(2) provide the student with alternate meals at no
cost.
(d) A school district that elects to provide alternate meals
must:
(1) privately notify the student's parent or person
standing in parental relation to the student of the district's
action; and
(2) provide those meals through the same serving line
as regular meals.
(e) If a school district provides regular meals to a student
under Subsection (c)(1) and is unable at the end of the school year
to obtain payment for the meals from the student's parent or person
standing in parental relation to the student, the district may pay
the negative balance on the student's meal card or account using
private donations solicited by the district from individuals and
entities for that purpose and maintained in a separate district
account. The amount of any private donations received under this
subsection is in addition to any reimbursement to which the
district is entitled under federal law.
(f) A school district may not publicly identify a student
with a negative balance on a meal card or account and must implement
any action authorized under this section in a manner that protects
the student's privacy. The district's policy must identify the
manner in which the district will protect the student's privacy.
SECTION 4. This Act applies beginning with the 2017-2018
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, 2017.
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