Texas 2023 - 88th Regular

Texas House Bill HB3589 Compare Versions

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1	1	88R11036 AMF-D
2	2	By: King of Hemphill H.B. No. 3589
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of the administration of school nutrition
8	8	programs from the Texas Department of Agriculture to the Texas
9	9	Education Agency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.0025, Agriculture Code, is amended to
12	12	read as follows:
13	13	Sec. 12.0025. NUTRITION PROGRAMS. The department shall
14	14	administer the following federal and state nutrition programs:
15	15	(1) the commodity supplemental food program under 7
16	16	U.S.C. Section 612c;
17	17	(2) the food distribution program under 7 U.S.C.
18	18	Section 612c;
19	19	(3) the emergency food assistance program under 7
20	20	U.S.C. Section 7501 et seq.; and
21	21	(4) [the school lunch program under 42 U.S.C. Section
22	22	1751 et seq.;
23	23	[(5) the summer food service program under 42 U.S.C.
24	24	Section 1761;
25	25	[(6)] the child and adult care food program under 42
26	26	U.S.C. Section 1766[;
27	27	[(7) the special milk program under 42 U.S.C. Section
28	28	1772; and
29	29	[(8) the school breakfast program under 42 U.S.C.
30	30	Section 1773].
31	31	SECTION 2. Chapter 38, Education Code, is amended by adding
32	32	Subchapter H to read as follows:
33	33	SUBCHAPTER H. SCHOOL NUTRITION PROGRAMS
34	34	Sec. 38.401. SCHOOL NUTRITION PROGRAMS. The agency shall
35	35	administer the following nutrition programs:
36	36	(1) the school lunch program under 42 U.S.C. Section
37	37	1751 et seq.;
38	38	(2) the summer food service program under 42 U.S.C.
39	39	Section 1761;
40	40	(3) the special milk program under 42 U.S.C. Section
41	41	1772; and
42	42	(4) the school breakfast program under 42 U.S.C.
43	43	Section 1773.
44	44	SECTION 3. Section 12.0026, Agriculture Code, is
45	45	transferred to Subchapter H, Chapter 38, Education Code, as added
46	46	by this Act, redesignated as Section 38.402, Education Code, and
47	47	amended to read as follows:
48	48	Sec. 38.402 [12.0026]. INTERAGENCY FARM-TO-SCHOOL
49	49	COORDINATION TASK FORCE. (a) To promote a healthy diet for
50	50	schoolchildren and the business of small to mid-sized local farms
51	51	and ranches, the interagency farm-to-school coordination task
52	52	force shall develop and implement a plan to facilitate the
53	53	availability of locally grown food products in public schools.
54	54	(b) The task force is composed of:
55	55	(1) a representative of:
56	56	(A) the agency [department], appointed by the
57	57	commissioner;
58	58	(B) the Texas Department of Agriculture [Texas
59	59	Education Agency], appointed by the commissioner of agriculture [of
60	60	education]; and
61	61	(C) the Department of State Health Services,
62	62	appointed by the commissioner of state health services; and
63	63	(2) at least one representative of each of the
64	64	following groups, appointed by the commissioner:
65	65	(A) fruit and vegetable producer organizations;
66	66	(B) school food service organizations;
67	67	(C) food distribution businesses;
68	68	(D) child nutrition and advocacy organizations;
69	69	(E) parent organizations;
70	70	(F) educational institutions that conduct
71	71	research in the areas of agriculture and nutrition; and
72	72	(G) health nutrition educators who serve school
73	73	districts.
74	74	(c) A member of the task force serves at the will of the
75	75	official who appointed the member.
76	76	(d) The representative of the agency [department] serves as
77	77	presiding officer. The task force may elect other necessary
78	78	officers from its members.
79	79	(e) The task force shall meet at the call of the presiding
80	80	officer.
81	81	(f) The agency whose commissioner appoints a member is
82	82	responsible for the expenses of a member's service on the task
83	83	force. A member of the task force is not entitled to additional
84	84	compensation for serving on the task force.
85	85	(g) Each appropriate agency or group represented on the task
86	86	force shall provide the personnel and resources necessary to
87	87	implement a task force measure under this section.
88	88	(h) The task force shall:
89	89	(1) design new education resources, or review or
90	90	update existing resources, on nutrition and food education that may
91	91	be used by schools and school districts;
92	92	(2) expand food-focused experiential education
93	93	programs;
94	94	(3) offer assistance in identifying funding sources
95	95	and grants that allow schools and school districts to recover the
96	96	costs associated with purchasing locally grown food products;
97	97	(4) develop a database of available locally grown food
98	98	products for use by school food service agencies that includes
99	99	contact and purchasing information for the products;
100	100	(5) identify, design, or make available training
101	101	programs to enable local farmers and ranchers to market their
102	102	products to schools and school districts, including programs
103	103	related to:
104	104	(A) crop production;
105	105	(B) marketing of crops;
106	106	(C) postharvest handling of crops;
107	107	(D) food safety;
108	108	(E) business management;
109	109	(F) liability and risk management; and
110	110	(G) other topics deemed appropriate by the task
111	111	force;
112	112	(6) advise schools and school districts on methods by
113	113	which a school or school district may improve its facilities to
114	114	allow for the use of minimally processed, fresh, and locally
115	115	produced foods in school meals;
116	116	(7) provide technical assistance to school food
117	117	service agencies to establish procedures, recipes, menu rotations,
118	118	and other internal processes that accommodate the use of locally
119	119	grown foods in public schools;
120	120	(8) offer advanced skills development training to
121	121	school food service employees regarding the proper methods of
122	122	handling, preparing, and serving locally grown foods; and
123	123	(9) conduct any other activity considered by the task
124	124	force as necessary to achieve its goals under this section.
125	125	(i) The task force may solicit and accept gifts, grants, and
126	126	donations from public and private entities to use for the purposes
127	127	of this section.
128	128	(j) The task force may use any existing program or procedure
129	129	that it determines to be useful in performing its duties under this
130	130	section.
131	131	SECTION 4. Section 12.041, Agriculture Code, is transferred
132	132	to Subchapter H, Chapter 38, Education Code, as added by this Act,
133	133	redesignated as Section 38.403, Education Code, and amended to read
134	134	as follows:
135	135	Sec. 38.403 [12.041]. SCHOOL BREAKFAST AND LUNCH PROGRAM.
136	136	(a) The agency [department], the Department of Agriculture [Texas
137	137	Education Agency], and the Health and Human Services Commission
138	138	shall ensure that applicable information maintained by each entity
139	139	is used on at least a quarterly basis to identify children who are
140	140	categorically eligible for free meals under the national free or
141	141	reduced-price breakfast and lunch program. In complying with this
142	142	subsection, the agency, department, [agency,] and commission shall
143	143	use information that corresponds to the months of the year in which
144	144	enrollment in the food stamp program is customarily higher than
145	145	average.
146	146	(b) The agency [department] shall determine the feasibility
147	147	of establishing a process under which school districts verify
148	148	student eligibility for the national free or reduced-price
149	149	breakfast and lunch program through a direct verification process
150	150	that uses information maintained under the food stamp and Medicaid
151	151	programs, as authorized by 42 U.S.C. Section 1758(b)(3), [as
152	152	amended by Section 105(a) of the Child Nutrition and WIC
153	153	Reauthorization Act of 2004 (Pub. L. No. 108-265),] and 7 C.F.R.
154	154	Sections 245.6a(a)(1) and (3) and 245.6a(b)(3). If the agency
155	155	[department] determines the process described by this subsection is
156	156	feasible, the agency [department] may implement the process.
157	157	SECTION 5. Section 12.0029, Agriculture Code, is
158	158	transferred to Subchapter H, Chapter 38, Education Code, as added
159	159	by this Act, redesignated as Section 38.404, Education Code, and
160	160	amended to read as follows:
161	161	Sec. 38.404 [12.0029]. SUMMER NUTRITION PROGRAMS. (a) In
162	162	this section:
163	163	(1) "Field office" means a field office of a nutrition
164	164	program administered by the agency [department].
165	165	(2) "Summer nutrition program" means the summer food
166	166	service program under 42 U.S.C. Section 1761. The term includes the
167	167	seamless summer option under 42 U.S.C. Section 1761(a)(8).
168	168	(b) Unless the agency [department] grants a school district
169	169	a waiver under Subsection (f), a district in which 50 percent or
170	170	more of the students are eligible to participate in the national
171	171	free or reduced-price lunch program under 42 U.S.C. Section 1751 et
172	172	seq. shall provide or arrange for the provision of a summer
173	173	nutrition program for at least 30 days during the period in which
174	174	district schools are recessed for the summer.
175	175	(c) Not later than October 31 of each year, the agency
176	176	[department] shall notify each school district described by
177	177	Subsection (b) of the district's responsibility concerning
178	178	provision of a summer nutrition program during the next period in
179	179	which school is recessed for the summer.
180	180	(d) Not later than November 30 of each year, the board of
181	181	trustees of a school district that intends to request a waiver under
182	182	Subsection (e)(2) must send written notice of the district's
183	183	intention to the district's local school health advisory council.
184	184	The notice must include an explanation of the district's reason for
185	185	requesting a waiver of the requirement.
186	186	(e) Each school district that receives a notice under
187	187	Subsection (c) shall, not later than January 31 of the year
188	188	following the year in which the notice was received:
189	189	(1) inform the agency [department] in writing that the
190	190	district intends to provide or arrange for the provision of a summer
191	191	nutrition program during the next period in which district schools
192	192	are recessed for the summer; or
193	193	(2) request in writing that the agency [department]
194	194	grant the district a waiver of the requirement to provide or arrange
195	195	for the provision of a summer nutrition program.
196	196	(f) The agency [department] may grant a school district a
197	197	waiver of the requirement to provide or arrange for the provision of
198	198	a summer nutrition program only if:
199	199	(1) the district:
200	200	(A) provides documentation, verified by the
201	201	agency [department], showing that:
202	202	(i) there are fewer than 100 children in the
203	203	district currently eligible for the national free or reduced-price
204	204	lunch program;
205	205	(ii) transportation to enable district
206	206	students to participate in the program is an insurmountable
207	207	obstacle to the district's ability to provide or arrange for the
208	208	provision of the program despite consultation by the district with
209	209	public transit providers;
210	210	(iii) the district is unable to provide or
211	211	arrange for the provision of a program due to renovation or
212	212	construction of district facilities and the unavailability of an
213	213	appropriate alternate provider or site; or
214	214	(iv) the district is unable to provide or
215	215	arrange for the provision of a program due to another specified
216	216	extenuating circumstance and the unavailability of an appropriate
217	217	alternate provider or site; and
218	218	(B) has worked with the field offices to identify
219	219	another possible provider for the program in the district; or
220	220	(2) the cost to the district to provide or arrange for
221	221	provision of a program would be cost-prohibitive, as determined by
222	222	the agency [department] using the criteria and methodology
223	223	established under Subsection (g).
224	224	(g) The agency [department] by rule shall establish
225	225	criteria and a methodology for determining whether the cost to a
226	226	school district to provide or arrange for provision of a summer
227	227	nutrition program would be cost-prohibitive for purposes of
228	228	granting a waiver under Subsection (f)(2).
229	229	(h) A waiver granted under Subsection (f) is for a one-year
230	230	period.
231	231	(i) If a school district has requested a waiver under
232	232	Subsection (e)(2) and has been unable to provide to the agency
233	233	[department] a list of possible providers for the summer nutrition
234	234	program, the field offices shall continue to attempt to identify an
235	235	alternate provider for the district's summer nutrition program.
236	236	(j) Not later than December 31 of each even-numbered year,
237	237	the agency [department] shall provide to the legislature by e-mail
238	238	a report that, for each year of the biennium:
239	239	(1) states the name of each school district that
240	240	receives a notice under Subsection (c) and indicates whether the
241	241	district:
242	242	(A) has provided or arranged for the provision of
243	243	a summer nutrition program; or
244	244	(B) has not provided or arranged for the
245	245	provision of a program and did not receive a waiver;
246	246	(2) identifies the funds, other than federal funds,
247	247	used by school districts and the state in complying with this
248	248	section; and
249	249	(3) identifies the total amount of any profit made or
250	250	loss incurred through summer nutrition programs under this section.
251	251	(k) The agency [department] shall post and maintain on the
252	252	agency's [department's] Internet website the most recent report
253	253	required by Subsection (j).
254	254	SECTION 6. Section 12.0028, Agriculture Code, is
255	255	transferred to Subchapter H, Chapter 38, Education Code, as added
256	256	by this Act, redesignated as Section 38.405, Education Code, and
257	257	amended to read as follows:
258	258	Sec. 38.405 [12.0028]. LIMITATION ON SANCTIONS IMPOSED ON
259	259	SCHOOL DISTRICTS FOR SALE OF FOODS OF MINIMAL NUTRITIONAL VALUE.
260	260	(a) The commissioner shall adopt rules determining the minimal
261	261	nutritional value of meals under this section [In this section,
262	262	"food of minimal nutritional value" has the meaning assigned by 7
263	263	C.F.R. Section 210.11(a)(2)].
264	264	(b) The agency [department] may not impose on a school
265	265	district a sanction, including disallowing meal reimbursement,
266	266	based on the sale to students at a high school of food of minimal
267	267	nutritional value, if the sale is approved in advance by the school
268	268	and is made:
269	269	(1) outside of a school area designated for food
270	270	service or food consumption or during a period other than a school
271	271	meal service period; and
272	272	(2) for the purpose of raising money for a student
273	273	organization or activity sponsored or sanctioned by the school or
274	274	the school district in which the school is located.
275	275	SECTION 7. The change in law made by Section 38.402,
276	276	Education Code, as transferred, redesignated, and amended by this
277	277	Act, applies only to a member of the Interagency Farm-to-Market
278	278	Coordination Task Force appointed on or after the effective date of
279	279	this Act.
280	280	SECTION 8. All records, contracts, assets, personal
281	281	property, and personnel of the Department of Agriculture associated
282	282	with or engaged in the administration of a nutrition program
283	283	transferred to the Texas Education Agency by this Act are
284	284	transferred to the Texas Education Agency on the effective date of
285	285	this Act.
286	286	SECTION 9. A rule or form adopted by the Department of
287	287	Agriculture for the administration of a nutrition program
288	288	transferred by this Act is a rule or form of the Texas Education
289	289	Agency until changed by the Texas Education Agency.
290	290	SECTION 10. (a) The unobligated and unexpended balance of
291	291	any appropriations made to the Department of Agriculture in
292	292	connection with or relating to a nutrition program transferred
293	293	under this Act, for the state fiscal biennium ending August 31,
294	294	2025, is transferred to the Texas Education Agency for the purpose
295	295	of implementing the powers, duties, and obligations transferred to
296	296	that agency under this Act.
297	297	(b) The Department of Agriculture shall continue, as
298	298	necessary, to perform the duties and functions being transferred to
299	299	the Texas Education Agency until the transfer of department duties
300	300	and functions is complete.
301	301	SECTION 11. If, before implementing any provision of this
302	302	Act, an agency of this state determines that a waiver or
303	303	authorization from a federal agency is necessary for implementation
304	304	of that provision, the agency affected by the provision shall
305	305	request the waiver or authorization and may delay the
306	306	implementation of that provision until the waiver or authorization
307	307	is granted.
308	308	SECTION 12. This Act takes effect September 1, 2023.