89R10941 RDR-D
By: Plesa H.B. No. 3968
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the School Meals Council to study
and make recommendations regarding public school meal programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Agriculture Code, is amended by adding
Chapter 24 to read as follows:
CHAPTER 24. SCHOOL MEALS COUNCIL
Sec. 24.001. DEFINITIONS. In this chapter:
(1) "Council" means the School Meals Council
established under this chapter.
(2) "Public school meal program" means a program to
provide free or reduced-price meals, including breakfast and lunch,
to students in public schools. The term includes the national
school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. Section 1773), the national school lunch program of free or
reduced-price lunches under 42 U.S.C. Section 1751 et seq., and a
locally funded program to provide free or reduced-price meals to
each eligible student.
Sec. 24.002. ESTABLISHMENT. The School Meals Council is
established to study issues regarding public school meal programs
and make recommendations to address those issues.
Sec. 24.003. COMPOSITION. (a) The council is composed of
the following 13 members, who must have an interest in public school
meal programs:
(1) five members appointed by the governor as follows:
(A) one representative of the Texas Education
Agency whose duties include public school meal programs and school
meals paid for by students;
(B) one representative of the department;
(C) one representative of the Health and Human
Services Commission;
(D) one representative who participates in an
initiative by the governor focusing on healthy student outcomes;
and
(E) one representative of a nonprofit
organization with a demonstrated history of facilitating public
school meal programs;
(2) four members appointed by the lieutenant governor
as follows:
(A) one representative who is a school district
employee and who oversees the district's food and nutrition
programs and has experience coordinating with a local school health
advisory council;
(B) one representative of a supplier, grocery
chain, or other organization that contributes to public school
meals;
(C) one representative of the Texas A&M AgriLife
Extension Service; and
(D) one mental health professional specializing
in children's health; and
(3) four members appointed by the speaker of the house
of representatives who must be representatives of food banks
serving different populations across this state.
(b) In making appointments under Subsections (a)(1), (2),
and (3), the governor, lieutenant governor, and speaker of the
house of representatives shall coordinate to ensure that the
membership of the council reflects, to the extent possible, the
ethnic and geographic diversity of this state.
Sec. 24.004. TERMS; VACANCY. (a) A member of the council
serves a two-year term.
(b) A member of the council may be reappointed to another
term on the council.
(c) A vacancy on the council shall be filled in the same
manner as the original appointment. The appropriate appointing
authority shall appoint the successor not later than the 30th day
after the date the vacancy occurs.
Sec. 24.005. COUNCIL OFFICERS; COMMITTEES. (a) The
council members shall elect a chair and vice chair from among the
council's members to serve a two-year term.
(b) The chair may appoint subcommittees and advisory
committees to assist with the council's duties.
Sec. 24.006. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The council shall convene at least once every quarter. The council
may hold public meetings as needed to fulfill the council's duties
under this chapter. The council shall ensure that meetings are held
in locations across this state to allow maximum participation by
stakeholders and the opportunity for public feedback.
(b) The council shall convene at the call of the chair or, if
the chair is unable to call a meeting or does not call at least one
meeting to meet the requirements of Subsection (a), at the call of
the vice chair.
(c) The council shall:
(1) post the agenda for each council meeting on the
council's Internet website at least 48 hours before the meeting;
and
(2) not later than the 14th day after the date of each
meeting, post on the council's Internet website the minutes or
recording of the meeting required under Section 551.021, Government
Code.
(d) The council is subject to Chapters 551 and 552,
Government Code. As an exception to Chapter 551, Government Code,
and other law, the council may meet by use of video conference call.
This subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a member of
the council to fully participate in any meeting of the council. A
meeting held by use of video conference call:
(1) must be open to the public, which includes a video
broadcast of the meeting in real time through the council's
Internet website;
(2) must specify in the meeting notice the link to the
video broadcast described by Subdivision (1); and
(3) must provide two-way video communication between
all council members attending the meeting.
Sec. 24.007. COMPENSATION. A member of the council is not
entitled to compensation for service on the council but is entitled
to reimbursement for actual and necessary expenses incurred in
performing council duties.
Sec. 24.008. COUNCIL PERSONNEL. The council may hire one
part-time employee to carry out the purposes of this chapter.
Sec. 24.009. ADMINISTRATIVE SUPPORT AND FUNDING. (a)
Staff members of the department shall provide administrative
support for the council.
(b) Funding for the administrative, staffing, and
operational expenses of the council shall be provided by
appropriation to the department for that purpose.
Sec. 24.010. POWERS AND DUTIES. (a) The council shall:
(1) research, study, and monitor issues related to
public school meal programs, including:
(A) participation rates for public school meal
programs;
(B) nutritional quality of public school meals;
(C) current research and best practices related
to addressing food insecurity, including patterns identified in
this state regarding food insecurity;
(D) the health and academic success of students
who participate in public school meal programs and any correlation
with increased or decreased funding requirements or other impacts
on public schools, including ad valorem taxes; and
(E) the impact of public school meal programs on:
(i) maternal morbidity and mortality; and
(ii) workforce health and productivity;
(2) analyze methods to maximize the use of state and
federal funding to expand school meal opportunities for public
school students;
(3) develop efficient processes to identify, apply
for, and allocate available federal funding to support public
school meal programs;
(4) analyze mechanisms to ensure compliance with
federal guidelines and timelines for funding for public school meal
programs to prevent missing funding opportunities for those
programs;
(5) identify financial, logistical, and
administrative barriers to implementing school meals for all public
school students and develop strategies to address those barriers;
(6) analyze the current oversight and implementation
strategy for public school meal programs to identify possible
methods to consolidate those responsibilities into a single state
agency;
(7) research other matters concerning public school
meal programs as necessary; and
(8) perform other duties consistent with this chapter.
(b) In carrying out the council's powers and duties under
this section, the council may request reports and other information
relating to public school meal programs from the department, the
Texas Education Agency, and any other state agency. The council may
also consult with a faculty member of an institution of higher
education, as defined by Section 61.003, Education Code, who has
published scholarly research relating to public school meal
programs.
Sec. 24.011. ANNUAL REPORT. Not later than November 1 of
each year, the council shall submit to the governor, the lieutenant
governor, and each member of the legislature a report on the
council's findings under Section 24.010 and recommendations for
legislative or other action.
Sec. 24.012. GIFTS, GRANTS, AND DONATIONS. The department
may accept on behalf of the council a gift, grant, or donation from
any source to carry out the purposes of this chapter.
Sec. 24.013. COUNCIL ABOLISHED; EXPIRATION. The council is
abolished and this chapter expires September 1, 2033.
SECTION 2. (a) Not later than the 30th day after the
effective date of this Act, the appropriate persons shall make the
appointments required by Section 24.003, Agriculture Code, as added
by this Act.
(b) Notwithstanding Section 24.011, Agriculture Code, as
added by this Act, the School Meals Council shall submit the initial
report required under that section not later than November 1, 2026.
SECTION 3. 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, 2025.