By: Harris Davila H.B. No. 5378
A BILL TO BE ENTITLED
AN ACT
relating to the notice of certain food additives in meals provided
by a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Education Code, is amended by adding
Subchapter H, and a heading is added to that subchapter to read as
follows:
SUBCHAPTER H. SCHOOL NUTRITION PROGRAMS
SECTION 2. Sections 33.901, 33.907, and 33.908, Education
Code, are transferred to Subchapter H, Chapter 33, Education Code,
as added by this Act, redesignated as Sections 33.301, 33.302, and
33.303, Education Code, and amended to read as follows:
Sec. 33.301 [33.901]. BREAKFAST PROGRAMS. (a) If at least
10 percent of the students enrolled in one or more schools in a
school district or enrolled in an open-enrollment charter school
are eligible for free or reduced-price breakfasts under the
national school breakfast program provided for by the Child
Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
trustees of the school district or the governing body of the
open-enrollment charter school shall either:
(1) participate in the national program and make the
benefits of the national program available to all eligible students
in the schools or school; or
(2) develop and implement a locally funded program to
provide free meals, including breakfast and lunch, to each student
eligible for free meals under federal law and reduced-price meals,
including breakfast and lunch, to each student eligible for
reduced-price meals under federal law, provided that the reduced
price may not exceed the maximum allowable rate under federal law.
(a-1) A school district is permitted under Subsection (a) to
participate in the national program at one or more campuses in the
district and provide a locally funded program at one or more other
campuses in the district.
(b) A school district campus or an open-enrollment charter
school participating in the national school breakfast program
provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
or providing a locally funded program in which 80 percent or more of
the students qualify under the national program for a free or
reduced-price breakfast shall offer a free breakfast to each
student.
(c) The commissioner shall grant a waiver of the free
breakfast requirements under Subsection (b), not to exceed one
year, to a school district campus or an open-enrollment charter
school if the board of trustees of the school district or the
governing body of the open-enrollment charter school votes to
request the waiver at the annual meeting of the board of trustees
required under Section 44.004 or an annual meeting of the governing
body called to adopt a budget for the open-enrollment charter
school for the succeeding fiscal year. Before voting to request a
waiver under this subsection, the board of trustees or the
governing body shall list the waiver as a separate item for
consideration on the meeting's agenda and provide an opportunity
for public comment regarding the waiver at the meeting.
Sec. 33.302 [33.907]. DONATION OF FOOD. (a) In this
section:
(1) "Donate" has the meaning assigned by Section
76.001, Civil Practice and Remedies Code.
(2) "Nonprofit organization" has the meaning assigned
by Section 76.001, Civil Practice and Remedies Code.
(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 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 served from 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) may
include:
(1) packaged 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
in good condition;
(3) whole, uncut produce; and
(4) wrapped raw unserved produce.
(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.
(d) Food donated under this section to a nonprofit
organization may be distributed at the campus at any time. Campus
employees may assist in preparing and distributing the food as
volunteers for the nonprofit organization.
(e) Under this program, a school district or
open-enrollment charter school may adopt a policy under which the
district or charter school provides food at no cost to a student for
breakfast, lunch, or dinner meals or a snack if the student is
unable to purchase breakfast, lunch, or dinner meals or a snack.
(f) The commissioner may adopt rules as necessary to
implement this section.
Sec. 33.303 [33.908]. GRACE PERIOD POLICY FOR EXHAUSTED OR
INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of
a school district that allows students to use a prepaid meal card or
account to purchase meals served at schools in the district shall
adopt a grace period policy regarding the use of the cards or
accounts. The policy:
(1) must allow a student whose meal card or account
balance is exhausted or insufficient to continue, for a period
determined by the board, to purchase meals by:
(A) accumulating a negative balance on the
student's card or account; or
(B) otherwise receiving an extension of credit
from the district;
(2) must require the district to notify the parent of
or person standing in parental relation to the student that the
student's meal card or account balance is exhausted;
(3) may not permit the district to charge a fee or
interest in connection with meals purchased under Subdivision (1);
and
(4) may permit the district to set a schedule for
repayment on the account balance as part of the notice to the parent
or person standing in parental relation to the student.
SECTION 3. Subchapter H, Chapter 33, Education Code, as
added by this Act, is amended by adding Section 33.304 to read as
follows:
Sec. 33.304. INGREDIENTS IN SCHOOL MEALS. (a) A school
district or open-enrollment charter school shall make available to
a parent or guardian of each student enrolled in the district or
school a list of food that contain the following ingredients that
have been labeled as carcinogenic, endocrine disrupting, or
hyperactivity-inducing chemicals:
(1) Butyl hydroxyanisole
(2) Potassium bromate
(3) Brominated Vegetable oil
(4) Artificial Dyes:
a. Yellow dye 5
b. Yellow dye 6
c. Red dye 40
d. Blue dye 1
e. Blue dye 2
f. Green dye 3
g. Red dye 3
(5) Propylparabens
(6) Butylated hydroxytoluene
(7) Titanium Dioxide
(8) High Fructose Corn Syrup
(9) Maltodextrin
(10) Azodicarbonamide
(11) Potassium Iodate
(12) Bisphenol A
(13) Arsenic
(14) Carrageenan
(15) Glyphosate
(16) Synthetic growth hormones
(b) A school district or open-enrollment charter school may
publish a list of ingredients described by Subsection (a) on the
district's or school's Internet website to comply with this
section.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. 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.