S.B. No. 1351
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1351 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1351 passed the House, with
amendment, on May 26, 2021, by the following vote: Yeas 123,
Nays 24, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor