Texas 2023 - 88th Regular

Texas House Bill HB4746 Latest Draft

Bill / Introduced Version Filed 03/10/2023

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                            88R14270 PRL-D
 By: Bernal H.B. No. 4746


 A BILL TO BE ENTITLED
 AN ACT
 relating to the eligibility of a school district or open-enrollment
 charter school to receive a grant from the Department of
 Agriculture to provide surplus agricultural products to certain
 students.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 21.001, Agriculture Code, is amended to
 read as follows:
 Sec. 21.001.  CREATION.  The department by rule shall
 develop a program to award grants to:
 (1)  nonprofit organizations for the purpose of
 collecting and distributing surplus agricultural products to food
 banks and other charitable organizations that serve needy or
 low-income individuals; and
 (2)  public schools for the purpose of collecting and
 distributing surplus agricultural products to educationally
 disadvantaged students.
 SECTION 2.  Section 21.002, Agriculture Code, is amended to
 read as follows:
 Sec. 21.002.  ELIGIBILITY.  (a)  For the purposes of this
 chapter:
 (1)  "Educationally disadvantaged" has the meaning
 assigned by Section 5.001, Education Code.
 (2)  "Public school" means a school district or an
 open-enrollment charter school established under Subchapter D,
 Chapter 12, Education Code.
 (b)  Subject to available funds:
 (1)  [,] a nonprofit organization is eligible to
 receive a grant under this chapter if the organization:
 (A) [(1)]  has at least five years of experience
 coordinating a statewide network of food banks and charitable
 organizations that serve each county of this state;
 (B) [(2)]  operates a program that coordinates
 the collection and transportation of surplus agricultural products
 to a statewide network of food banks that provide food to needy or
 low-income individuals; and
 (C) [(3)]  submits to the department, in the
 manner and time prescribed by the department, a proposal for the
 collection and distribution to food banks or other charitable
 organizations for use in providing food to needy or low-income
 individuals of surplus agricultural products, including:
 (i) [(A)]  a description of the proposal;
 (ii) [(B)]  a schedule of projected costs
 for the proposal;
 (iii) [(C)]  measurable goals for the
 proposal; and
 (iv) [(D)]  a plan for evaluating the
 success of the proposal; and
 (2)  a public school is eligible to receive a grant
 under this chapter if the school submits to the department, in the
 manner and time prescribed by the department, a proposal for the
 collection and distribution of surplus agricultural products to
 educationally disadvantaged students that includes the information
 required to be provided under Subdivisions (1)(C)(i)-(iv).
 SECTION 3.  Section 21.003, Agriculture Code, is amended to
 read as follows:
 Sec. 21.003.  REPORT.  A nonprofit organization or public
 school that receives a grant under this chapter must report the
 results of the project to the department in the manner prescribed by
 the department.
 SECTION 4.  Section 33.907, Education Code, is amended by
 amending Subsection (a) and adding Subsection (e-1) to read as
 follows:
 (a)  In this section:
 (1)  "Donate" has the meaning assigned by Section
 76.001, Civil Practice and Remedies Code.
 (2)  "Educationally disadvantaged" has the meaning
 assigned by Section 5.001.
 (3)  "Nonprofit organization" has the meaning assigned
 by Section 76.001, Civil Practice and Remedies Code.
 (e-1)  A school district or open-enrollment charter school
 may:
 (1)  adopt a policy allowing a campus in the district or
 school to collect surplus agricultural products that are eligible
 for donation under Subsection (b) and donate the products to the
 families of educationally disadvantaged students enrolled at the
 campus; and
 (2)  apply to receive a grant under the grant program
 established under Chapter 21, Agriculture Code, for a campus that
 makes the election under Subdivision (1).
 SECTION 5.  This Act applies beginning with the 2023-2024
 school year.
 SECTION 6.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.