| 1 | 1 | | By: Allen H.B. No. 3963 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the donation and distribution of food at public |
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| 7 | 7 | | schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 33.907, Education Code, is amended by |
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| 10 | 10 | | amending Subsections (b), (c) and (d) and adding Subsection (b-1) |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (b) A school district or open-enrollment charter school may |
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| 13 | 13 | | allow a campus to elect to donate food to a nonprofit organization |
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| 14 | 14 | | through: |
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| 15 | 15 | | (1) a parent of a student enrolled at the campus; or |
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| 16 | 16 | | (2) a person [an official of the nonprofit |
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| 17 | 17 | | organization] who is directly and officially affiliated with the |
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| 18 | 18 | | campus, including a teacher or [,] counselor[, or parent of a |
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| 19 | 19 | | student enrolled at the campus]. |
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| 20 | 20 | | (b-1) The donated food may be received, stored, and |
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| 21 | 21 | | distributed on the campus. Food donated by the campus may include: |
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| 22 | 22 | | (1) surplus food prepared for breakfast, lunch, |
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| 23 | 23 | | snacks, or dinner meals [or a snack to be] served from [at] the |
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| 24 | 24 | | campus cafeteria, subject to any applicable local, state, and |
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| 25 | 25 | | federal requirements; or |
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| 26 | 26 | | (2) food donated to the campus as the result of a food |
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| 27 | 27 | | drive or similar event. |
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| 28 | 28 | | (c) The type of food donated under Subsection (b-1)(1) [this |
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| 29 | 29 | | section] may include: |
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| 30 | 30 | | (1) [packaged or unpackaged] unserved food that was |
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| 31 | 31 | | packaged by a person on campus and that was never removed from the |
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| 32 | 32 | | campus food serving area before the food is donated; |
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| 33 | 33 | | (2) packaged served food if the packaging and food are |
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| 34 | 34 | | [is] in good condition and the temperature of the food has been |
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| 35 | 35 | | maintained as required by law; |
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| 36 | 36 | | (3) whole, uncut produce; and |
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| 37 | 37 | | (4) unserved wrapped raw produce the temperature of |
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| 38 | 38 | | which has been maintained as required by law[; and |
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| 39 | 39 | | (5) unpeeled fruit required to be peeled before |
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| 40 | 40 | | consumption]. |
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| 41 | 41 | | (d) Food donated under this section to a nonprofit |
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| 42 | 42 | | organization may be distributed at the campus at any time. Campus |
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| 43 | 43 | | employees may assist in preparing and distributing the food as |
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| 44 | 44 | | volunteers for the nonprofit organization. A person who assists in |
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| 45 | 45 | | preparing and distributing the food as a volunteer for the |
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| 46 | 46 | | nonprofit organization must be trained under Subchapter D, Chapter |
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| 47 | 47 | | 438, Health and Safety Code or supervised by a person who has been |
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| 48 | 48 | | trained under that law. |
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| 49 | 49 | | SECTION 2. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2019. |
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