By: Allen, Bernal, Collier (Senate Sponsor - Miles) H.B. No. 2756
(In the Senate - Received from the House May 12, 2021;
May 17, 2021, read first time and referred to Committee on
Education; May 24, 2021, reported favorably by the following vote:
Yeas 9, Nays 0; May 24, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the donation of food by public school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.907, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-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 a person [an official of the nonprofit organization] who is
directly and officially affiliated with the campus, including a
teacher or [,] counselor, or through a 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 snacks [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) [this
section] may include:
(1) packaged [or unpackaged] unserved food that is
packaged on the campus of a school district or open-enrollment
charter school and has not been removed from the campus cafeteria;
(2) packaged served food if the packaging and food are
[is] in good condition;
(3) whole, uncut produce; and
(4) wrapped raw unserved produce[; and
[(5) unpeeled fruit required to be peeled before
consumption].
(c-1) Food that by law must be maintained at a certain
temperature for safety may not be donated unless the campus has
maintained the food at the required temperature.
SECTION 2. This Act takes effect September 1, 2021.
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