1 | 1 | | 89R10941 RDR-D |
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2 | 2 | | By: Plesa H.B. No. 3968 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of the School Meals Council to study |
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10 | 10 | | and make recommendations regarding public school meal programs. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Title 2, Agriculture Code, is amended by adding |
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13 | 13 | | Chapter 24 to read as follows: |
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14 | 14 | | CHAPTER 24. SCHOOL MEALS COUNCIL |
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15 | 15 | | Sec. 24.001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Council" means the School Meals Council |
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17 | 17 | | established under this chapter. |
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18 | 18 | | (2) "Public school meal program" means a program to |
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19 | 19 | | provide free or reduced-price meals, including breakfast and lunch, |
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20 | 20 | | to students in public schools. The term includes the national |
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21 | 21 | | school breakfast program under the Child Nutrition Act of 1966 (42 |
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22 | 22 | | U.S.C. Section 1773), the national school lunch program of free or |
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23 | 23 | | reduced-price lunches under 42 U.S.C. Section 1751 et seq., and a |
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24 | 24 | | locally funded program to provide free or reduced-price meals to |
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25 | 25 | | each eligible student. |
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26 | 26 | | Sec. 24.002. ESTABLISHMENT. The School Meals Council is |
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27 | 27 | | established to study issues regarding public school meal programs |
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28 | 28 | | and make recommendations to address those issues. |
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29 | 29 | | Sec. 24.003. COMPOSITION. (a) The council is composed of |
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30 | 30 | | the following 13 members, who must have an interest in public school |
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31 | 31 | | meal programs: |
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32 | 32 | | (1) five members appointed by the governor as follows: |
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33 | 33 | | (A) one representative of the Texas Education |
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34 | 34 | | Agency whose duties include public school meal programs and school |
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35 | 35 | | meals paid for by students; |
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36 | 36 | | (B) one representative of the department; |
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37 | 37 | | (C) one representative of the Health and Human |
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38 | 38 | | Services Commission; |
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39 | 39 | | (D) one representative who participates in an |
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40 | 40 | | initiative by the governor focusing on healthy student outcomes; |
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41 | 41 | | and |
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42 | 42 | | (E) one representative of a nonprofit |
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43 | 43 | | organization with a demonstrated history of facilitating public |
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44 | 44 | | school meal programs; |
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45 | 45 | | (2) four members appointed by the lieutenant governor |
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46 | 46 | | as follows: |
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47 | 47 | | (A) one representative who is a school district |
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48 | 48 | | employee and who oversees the district's food and nutrition |
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49 | 49 | | programs and has experience coordinating with a local school health |
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50 | 50 | | advisory council; |
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51 | 51 | | (B) one representative of a supplier, grocery |
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52 | 52 | | chain, or other organization that contributes to public school |
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53 | 53 | | meals; |
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54 | 54 | | (C) one representative of the Texas A&M AgriLife |
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55 | 55 | | Extension Service; and |
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56 | 56 | | (D) one mental health professional specializing |
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57 | 57 | | in children's health; and |
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58 | 58 | | (3) four members appointed by the speaker of the house |
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59 | 59 | | of representatives who must be representatives of food banks |
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60 | 60 | | serving different populations across this state. |
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61 | 61 | | (b) In making appointments under Subsections (a)(1), (2), |
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62 | 62 | | and (3), the governor, lieutenant governor, and speaker of the |
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63 | 63 | | house of representatives shall coordinate to ensure that the |
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64 | 64 | | membership of the council reflects, to the extent possible, the |
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65 | 65 | | ethnic and geographic diversity of this state. |
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66 | 66 | | Sec. 24.004. TERMS; VACANCY. (a) A member of the council |
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67 | 67 | | serves a two-year term. |
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68 | 68 | | (b) A member of the council may be reappointed to another |
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69 | 69 | | term on the council. |
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70 | 70 | | (c) A vacancy on the council shall be filled in the same |
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71 | 71 | | manner as the original appointment. The appropriate appointing |
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72 | 72 | | authority shall appoint the successor not later than the 30th day |
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73 | 73 | | after the date the vacancy occurs. |
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74 | 74 | | Sec. 24.005. COUNCIL OFFICERS; COMMITTEES. (a) The |
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75 | 75 | | council members shall elect a chair and vice chair from among the |
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76 | 76 | | council's members to serve a two-year term. |
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77 | 77 | | (b) The chair may appoint subcommittees and advisory |
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78 | 78 | | committees to assist with the council's duties. |
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79 | 79 | | Sec. 24.006. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) |
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80 | 80 | | The council shall convene at least once every quarter. The council |
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81 | 81 | | may hold public meetings as needed to fulfill the council's duties |
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82 | 82 | | under this chapter. The council shall ensure that meetings are held |
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83 | 83 | | in locations across this state to allow maximum participation by |
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84 | 84 | | stakeholders and the opportunity for public feedback. |
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85 | 85 | | (b) The council shall convene at the call of the chair or, if |
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86 | 86 | | the chair is unable to call a meeting or does not call at least one |
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87 | 87 | | meeting to meet the requirements of Subsection (a), at the call of |
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88 | 88 | | the vice chair. |
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89 | 89 | | (c) The council shall: |
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90 | 90 | | (1) post the agenda for each council meeting on the |
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91 | 91 | | council's Internet website at least 48 hours before the meeting; |
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92 | 92 | | and |
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93 | 93 | | (2) not later than the 14th day after the date of each |
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94 | 94 | | meeting, post on the council's Internet website the minutes or |
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95 | 95 | | recording of the meeting required under Section 551.021, Government |
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96 | 96 | | Code. |
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97 | 97 | | (d) The council is subject to Chapters 551 and 552, |
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98 | 98 | | Government Code. As an exception to Chapter 551, Government Code, |
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99 | 99 | | and other law, the council may meet by use of video conference call. |
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100 | 100 | | This subsection applies for purposes of constituting a quorum, for |
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101 | 101 | | purposes of voting, and for any other purpose allowing a member of |
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102 | 102 | | the council to fully participate in any meeting of the council. A |
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103 | 103 | | meeting held by use of video conference call: |
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104 | 104 | | (1) must be open to the public, which includes a video |
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105 | 105 | | broadcast of the meeting in real time through the council's |
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106 | 106 | | Internet website; |
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107 | 107 | | (2) must specify in the meeting notice the link to the |
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108 | 108 | | video broadcast described by Subdivision (1); and |
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109 | 109 | | (3) must provide two-way video communication between |
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110 | 110 | | all council members attending the meeting. |
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111 | 111 | | Sec. 24.007. COMPENSATION. A member of the council is not |
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112 | 112 | | entitled to compensation for service on the council but is entitled |
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113 | 113 | | to reimbursement for actual and necessary expenses incurred in |
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114 | 114 | | performing council duties. |
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115 | 115 | | Sec. 24.008. COUNCIL PERSONNEL. The council may hire one |
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116 | 116 | | part-time employee to carry out the purposes of this chapter. |
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117 | 117 | | Sec. 24.009. ADMINISTRATIVE SUPPORT AND FUNDING. (a) |
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118 | 118 | | Staff members of the department shall provide administrative |
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119 | 119 | | support for the council. |
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120 | 120 | | (b) Funding for the administrative, staffing, and |
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121 | 121 | | operational expenses of the council shall be provided by |
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122 | 122 | | appropriation to the department for that purpose. |
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123 | 123 | | Sec. 24.010. POWERS AND DUTIES. (a) The council shall: |
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124 | 124 | | (1) research, study, and monitor issues related to |
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125 | 125 | | public school meal programs, including: |
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126 | 126 | | (A) participation rates for public school meal |
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127 | 127 | | programs; |
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128 | 128 | | (B) nutritional quality of public school meals; |
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129 | 129 | | (C) current research and best practices related |
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130 | 130 | | to addressing food insecurity, including patterns identified in |
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131 | 131 | | this state regarding food insecurity; |
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132 | 132 | | (D) the health and academic success of students |
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133 | 133 | | who participate in public school meal programs and any correlation |
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134 | 134 | | with increased or decreased funding requirements or other impacts |
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135 | 135 | | on public schools, including ad valorem taxes; and |
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136 | 136 | | (E) the impact of public school meal programs on: |
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137 | 137 | | (i) maternal morbidity and mortality; and |
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138 | 138 | | (ii) workforce health and productivity; |
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139 | 139 | | (2) analyze methods to maximize the use of state and |
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140 | 140 | | federal funding to expand school meal opportunities for public |
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141 | 141 | | school students; |
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142 | 142 | | (3) develop efficient processes to identify, apply |
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143 | 143 | | for, and allocate available federal funding to support public |
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144 | 144 | | school meal programs; |
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145 | 145 | | (4) analyze mechanisms to ensure compliance with |
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146 | 146 | | federal guidelines and timelines for funding for public school meal |
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147 | 147 | | programs to prevent missing funding opportunities for those |
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148 | 148 | | programs; |
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149 | 149 | | (5) identify financial, logistical, and |
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150 | 150 | | administrative barriers to implementing school meals for all public |
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151 | 151 | | school students and develop strategies to address those barriers; |
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152 | 152 | | (6) analyze the current oversight and implementation |
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153 | 153 | | strategy for public school meal programs to identify possible |
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154 | 154 | | methods to consolidate those responsibilities into a single state |
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155 | 155 | | agency; |
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156 | 156 | | (7) research other matters concerning public school |
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157 | 157 | | meal programs as necessary; and |
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158 | 158 | | (8) perform other duties consistent with this chapter. |
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159 | 159 | | (b) In carrying out the council's powers and duties under |
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160 | 160 | | this section, the council may request reports and other information |
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161 | 161 | | relating to public school meal programs from the department, the |
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162 | 162 | | Texas Education Agency, and any other state agency. The council may |
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163 | 163 | | also consult with a faculty member of an institution of higher |
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164 | 164 | | education, as defined by Section 61.003, Education Code, who has |
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165 | 165 | | published scholarly research relating to public school meal |
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166 | 166 | | programs. |
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167 | 167 | | Sec. 24.011. ANNUAL REPORT. Not later than November 1 of |
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168 | 168 | | each year, the council shall submit to the governor, the lieutenant |
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169 | 169 | | governor, and each member of the legislature a report on the |
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170 | 170 | | council's findings under Section 24.010 and recommendations for |
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171 | 171 | | legislative or other action. |
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172 | 172 | | Sec. 24.012. GIFTS, GRANTS, AND DONATIONS. The department |
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173 | 173 | | may accept on behalf of the council a gift, grant, or donation from |
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174 | 174 | | any source to carry out the purposes of this chapter. |
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175 | 175 | | Sec. 24.013. COUNCIL ABOLISHED; EXPIRATION. The council is |
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176 | 176 | | abolished and this chapter expires September 1, 2033. |
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177 | 177 | | SECTION 2. (a) Not later than the 30th day after the |
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178 | 178 | | effective date of this Act, the appropriate persons shall make the |
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179 | 179 | | appointments required by Section 24.003, Agriculture Code, as added |
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180 | 180 | | by this Act. |
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181 | 181 | | (b) Notwithstanding Section 24.011, Agriculture Code, as |
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182 | 182 | | added by this Act, the School Meals Council shall submit the initial |
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183 | 183 | | report required under that section not later than November 1, 2026. |
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184 | 184 | | SECTION 3. This Act takes effect immediately if it receives |
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185 | 185 | | a vote of two-thirds of all the members elected to each house, as |
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186 | 186 | | provided by Section 39, Article III, Texas Constitution. If this |
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187 | 187 | | Act does not receive the vote necessary for immediate effect, this |
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188 | 188 | | Act takes effect September 1, 2025. |
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