By: Allen H.B. No. 3963
A BILL TO BE ENTITLED
AN ACT
relating to the donation and distribution of food at public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.907, Education Code, is amended by
amending Subsections (b), (c) and (d) and adding Subsection (b-1)
to read as follows:
(b) A school district or open-enrollment charter school may
allow a campus to elect to donate food to a nonprofit organization
through:
(1) a parent of a student enrolled at the campus; or
(2) a person [an official of the nonprofit
organization] who is directly and officially affiliated with the
campus, including a teacher or [,] counselor[, or parent of a
student enrolled at the campus].
(b-1) 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,
snacks, or dinner meals [or a snack to be] served from [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 Subsection (b-1)(1) [this
section] may include:
(1) [packaged or unpackaged] unserved food that was
packaged by a person on campus and that was never removed from the
campus food serving area before the food is donated;
(2) packaged served food if the packaging and food are
[is] in good condition and the temperature of the food has been
maintained as required by law;
(3) whole, uncut produce; and
(4) unserved wrapped raw produce the temperature of
which has been maintained as required by law[; 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. A person who assists in
preparing and distributing the food as a volunteer for the
nonprofit organization must be trained under Subchapter D, Chapter
438, Health and Safety Code or supervised by a person who has been
trained under that law.
SECTION 2. 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, 2019.