By: Miles S.B. No. 1351
(Allen, Bernal, Collier)
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), (c), and (d) 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.
(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. Each person who assists
in the preparation and distribution of food as a volunteer must have
completed, or be supervised by a person who has completed, a basic
food safety education or training program for food handlers
accredited under Subchapter D, Chapter 438, Health and Safety Code.
SECTION 2. This Act takes effect September 1, 2021.