Texas 2019 - 86th Regular

Texas House Bill HB4094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R9797 CAE-D
2		-	By: Beckley, Sherman, Sr., Bernal, Meyer, H.B. No. 4094
3		-	Button
	2	+	By: Beckley H.B. No. 4094
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to school district grace period policies and the
9	8		provision of meals to public school students with insufficient
10	9		balances on prepaid meal cards or meal accounts.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 33.908, Education Code, is amended to
13	12		read as follows:
14	13		Sec. 33.908. GRACE PERIOD POLICY FOR EXHAUSTED OR
15	14		INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a) In this section,
16	15		"regular meal" means a meal for which a school district ordinarily
17	16		receives reimbursement under the national free or reduced-price
18	17		lunch program established under 42 U.S.C. Section 1751 et seq.
19	18		(b) The board of trustees of a school district that allows
20	19		students to use a prepaid meal card or account to purchase meals
21	20		served at schools in the district shall adopt a grace period policy
22	21		regarding the use of the cards or accounts. The policy:
23	22		(1) must allow a student whose meal card or account
24	23		balance is exhausted or insufficient to continue, for a grace
25	24		period determined by the board, to purchase regular meals by:
26	25		(A) accumulating a negative balance on the
27	26		student's card or account; or
28	27		(B) otherwise receiving an extension of credit
29	28		from the district;
30	29		(2) must require the district to make at least one
31	30		attempt by telephone or e-mail during each week of the grace period
32	31		to privately:
33	32		(A) notify the parent of or person standing in
34	33		parental relation to the student that the student's meal card or
35	34		account balance is exhausted;
36	35		(B) make arrangements with the parent or other
37	36		person for payment of negative balances or amounts otherwise due,
38	37		including through use of a payment plan; and
39	38		(C) assist the parent or other person in
40	39		completing an application on behalf of the student for free or
41	40		reduced-price meals, if it is determined that the student may be
42	41		eligible for free or reduced-price meals;
43	42		(3) must require the district to provide the parent or
44	43		other person with a written notice of a negative balance or other
45	44		amount due that includes information on how to obtain an
46	45		application for free or reduced-price meals;
47	46		(4) may not permit the district to charge a fee or
48	47		interest in connection with meals purchased under Subdivision (1);
49	48		and
50	49		(5) [(4)] may permit the district to set a schedule
51	50		for repayment on the account balance or other amount due if the
52	51		district is unable to set a repayment schedule by agreement through
53	52		efforts required under Subdivision (2) [as part of the notice to the
54	53		parent or person standing in parental relation to the student].
55	54		(c) After expiration of the grace period, the school
56	55		district may:
57	56		(1) permit the student to continue to purchase regular
58	57		meals in the manner described by Subsection (b)(1); or
59	58		(2) provide the student with alternate meals at no
60	59		cost.
61	60		(d) A school district that provides alternate meals must:
62	61		(1) privately notify the student's parent or person
63	62		standing in parental relation to the student of the district's
64	63		action; and
65	64		(2) provide those meals through the same serving line
66	65		as regular meals.
67	66		(e) If a school district provides regular meals to a student
68	67		under Subsection (c)(1) and is unable at the end of the school year
69	68		to obtain payment for the meals from the student's parent or person
70	69		standing in parental relation to the student, the district may pay
71	70		the negative balance on the student's meal card or account using
72	71		private donations solicited by the district from individuals and
73	72		entities for that purpose and maintained in a separate district
74	73		account. The amount of any private donations received under this
75	74		subsection is in addition to any reimbursement to which the
76	75		district is entitled under federal law.
77	76		(f) A school district may not publicly identify a student
78	77		with a negative balance on a meal card or account and must implement
79	78		any action authorized under this section in a manner that protects
80	79		the student's privacy. The policy adopted under this section must
81	80		identify the manner in which the district will protect the
82	81		student's privacy.
83	82		SECTION 2. This Act applies beginning with the 2019-2020
84	83		school year.
85	84		SECTION 3. This Act takes effect immediately if it receives
86	85		a vote of two-thirds of all the members elected to each house, as
87	86		provided by Section 39, Article III, Texas Constitution. If this
88	87		Act does not receive the vote necessary for immediate effect, this
89	88		Act takes effect September 1, 2019.