Texas 2017 - 85th Regular

Texas House Bill HB367 Compare Versions

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Version 2 (New)

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1	1	By: Bernal, et al. (Senate Sponsor - Miles) H.B. No. 367
2	2	(In the Senate - Received from the House April 24, 2017;
3	3	May 9, 2017, read first time and referred to Committee on
4	4	Agriculture, Water & Rural Affairs; May 17, 2017, reported
5	5	adversely, with favorable Committee Substitute by the following
6	6	vote: Yeas 5, Nays 1, 1 present not voting; May 17, 2017, sent to
7	7	printer.)
8	8	Click here to see the committee vote
9	9	COMMITTEE SUBSTITUTE FOR H.B. No. 367 By: Rodríguez
10	10
11	11
12	12	A BILL TO BE ENTITLED
13	13	AN ACT
14	14	relating to donation and distribution of surplus food at public
15	15	schools and grace period policies for public school students with
16	16	insufficient balances on prepaid meal cards.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. This Act shall be known as the Student Fairness
19	19	in Feeding Act.
20	20	SECTION 2. Subchapter Z, Chapter 33, Education Code, is
21	21	amended by adding Section 33.907 to read as follows:
22	22	Sec. 33.907. DONATION OF FOOD. (a) In this section:
23	23	(1) "Donate" has the meaning assigned by Section
24	24	76.001, Civil Practice and Remedies Code.
25	25	(2) "Nonprofit organization" has the meaning assigned
26	26	by Section 76.001, Civil Practice and Remedies Code.
27	27	(b) A school district or open-enrollment charter school may
28	28	allow a campus to elect to donate food to a nonprofit organization
29	29	through an official of the nonprofit organization who is directly
30	30	affiliated with the campus, including a teacher, counselor, or
31	31	parent of a student enrolled at the campus. The donated food may be
32	32	received, stored, and distributed on the campus. Food donated by
33	33	the campus may include:
34	34	(1) surplus food prepared for breakfast, lunch, or
35	35	dinner meals or a snack to be served at the campus cafeteria,
36	36	subject to any applicable local, state, and federal requirements;
37	37	or
38	38	(2) food donated to the campus as the result of a food
39	39	drive or similar event.
40	40	(c) The type of food donated under this section may include:
41	41	(1) packaged or unpackaged unserved food;
42	42	(2) packaged served food if the packaging is in good
43	43	condition;
44	44	(3) whole, uncut produce;
45	45	(4) wrapped raw produce; and
46	46	(5) unpeeled fruit required to be peeled before
47	47	consumption.
48	48	(d) Food donated under this section to a nonprofit
49	49	organization may be distributed at the campus at any time. Campus
50	50	employees may assist in preparing and distributing the food as
51	51	volunteers for the nonprofit organization.
52	52	(e) The commissioner may adopt rules as necessary to
53	53	implement this section.
54	54	SECTION 3. Section 33.908, Education Code, is amended to
55	55	read as follows:
56	56	Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
57	57	INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
58	58	"regular meal" means a meal for which a school district ordinarily
59	59	receives reimbursement under the national free or reduced-price
60	60	lunch program established under 42 U.S.C. Section 1751 et seq.
61	61	(b) A school district that allows students to use a prepaid
62	62	meal card or account to purchase meals served at the school shall
63	63	adopt a grace period policy regarding the use of the cards or
64	64	accounts. The policy:
65	65	(1) must allow a student whose meal card or account
66	66	balance is exhausted or insufficient to continue, for a grace
67	67	period determined by the board of trustees of the district, to
68	68	purchase regular meals by:
69	69	(A) accumulating a negative balance on the
70	70	student's card or account; or
71	71	(B) otherwise receiving an extension of credit
72	72	from the district;
73	73	(2) must require the district to make at least one
74	74	attempt by telephone or e-mail during each week of the grace period
75	75	to privately:
76	76	(A) notify the parent of or person standing in
77	77	parental relation to the student that the student's meal card or
78	78	account balance is exhausted;
79	79	(B) make arrangements with the parent or other
80	80	person for payment of negative balances or amounts otherwise due,
81	81	including through use of a payment plan; and
82	82	(C) assist the parent or other person in
83	83	completing an application on behalf of the student for free or
84	84	reduced-price meals, if it is determined that the student may be
85	85	eligible for free or reduced-price meals;
86	86	(3) must require the district to provide the parent or
87	87	other person with a written notice of a negative balance or other
88	88	amount due that includes information on how to obtain an
89	89	application for free or reduced-price meals;
90	90	(4) may not permit the district to charge a fee or
91	91	interest in connection with meals purchased under Subdivision (1);
92	92	and
93	93	(5) [(4)] may permit the district to set a schedule
94	94	for repayment on the account balance or other amount due if the
95	95	district is unable to set a repayment schedule by agreement through
96	96	efforts required under Subdivision (2) [as part of the notice to the
97	97	parent or person standing in parental relation to the student].
98	98	(c) After expiration of the grace period, the school
99	99	district may:
100	100	(1) permit the student to continue to purchase regular
101	101	meals in the manner described by Subsection (b)(1); or
102	102	(2) provide the student with alternate meals at no
103	103	cost.
104	104	(d) A school district that elects to provide alternate meals
105	105	must:
106	106	(1) privately notify the student's parent or person
107	107	standing in parental relation to the student of the district's
108	108	action; and
109	109	(2) provide those meals through the same serving line
110	110	as regular meals.
111	111	(e) If a school district provides regular meals to a student
112	112	under Subsection (c)(1) and is unable at the end of the school year
113	113	to obtain payment for the meals from the student's parent or person
114	114	standing in parental relation to the student, the district may pay
115	115	the negative balance on the student's meal card or account using
116	116	private donations solicited by the district from individuals and
117	117	entities for that purpose and maintained in a separate district
118	118	account. The amount of any private donations received under this
119	119	subsection is in addition to any reimbursement to which the
120	120	district is entitled under federal law.
121	121	(f) A school district may not publicly identify a student
122	122	with a negative balance on a meal card or account and must implement
123	123	any action authorized under this section in a manner that protects
124	124	the student's privacy. The district's policy must identify the
125	125	manner in which the district will protect the student's privacy.
126	126	SECTION 4. This Act applies beginning with the 2017-2018
127	127	school year.
128	128	SECTION 5. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2017.
133	133	* * * * *