Texas 2025 - 89th Regular

Texas House Bill HB5378 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Harris Davila H.B. No. 5378
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the notice of certain food additives in meals provided
7	9		by a public school.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 33, Education Code, is amended by adding
10	12		Subchapter H, and a heading is added to that subchapter to read as
11	13		follows:
12	14		SUBCHAPTER H. SCHOOL NUTRITION PROGRAMS
13	15		SECTION 2. Sections 33.901, 33.907, and 33.908, Education
14	16		Code, are transferred to Subchapter H, Chapter 33, Education Code,
15	17		as added by this Act, redesignated as Sections 33.301, 33.302, and
16	18		33.303, Education Code, and amended to read as follows:
17	19		Sec. 33.301 [33.901]. BREAKFAST PROGRAMS. (a) If at least
18	20		10 percent of the students enrolled in one or more schools in a
19	21		school district or enrolled in an open-enrollment charter school
20	22		are eligible for free or reduced-price breakfasts under the
21	23		national school breakfast program provided for by the Child
22	24		Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
23	25		trustees of the school district or the governing body of the
24	26		open-enrollment charter school shall either:
25	27		(1) participate in the national program and make the
26	28		benefits of the national program available to all eligible students
27	29		in the schools or school; or
28	30		(2) develop and implement a locally funded program to
29	31		provide free meals, including breakfast and lunch, to each student
30	32		eligible for free meals under federal law and reduced-price meals,
31	33		including breakfast and lunch, to each student eligible for
32	34		reduced-price meals under federal law, provided that the reduced
33	35		price may not exceed the maximum allowable rate under federal law.
34	36		(a-1) A school district is permitted under Subsection (a) to
35	37		participate in the national program at one or more campuses in the
36	38		district and provide a locally funded program at one or more other
37	39		campuses in the district.
38	40		(b) A school district campus or an open-enrollment charter
39	41		school participating in the national school breakfast program
40	42		provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
41	43		or providing a locally funded program in which 80 percent or more of
42	44		the students qualify under the national program for a free or
43	45		reduced-price breakfast shall offer a free breakfast to each
44	46		student.
45	47		(c) The commissioner shall grant a waiver of the free
46	48		breakfast requirements under Subsection (b), not to exceed one
47	49		year, to a school district campus or an open-enrollment charter
48	50		school if the board of trustees of the school district or the
49	51		governing body of the open-enrollment charter school votes to
50	52		request the waiver at the annual meeting of the board of trustees
51	53		required under Section 44.004 or an annual meeting of the governing
52	54		body called to adopt a budget for the open-enrollment charter
53	55		school for the succeeding fiscal year. Before voting to request a
54	56		waiver under this subsection, the board of trustees or the
55	57		governing body shall list the waiver as a separate item for
56	58		consideration on the meeting's agenda and provide an opportunity
57	59		for public comment regarding the waiver at the meeting.
58	60		Sec. 33.302 [33.907]. DONATION OF FOOD. (a) In this
59	61		section:
60	62		(1) "Donate" has the meaning assigned by Section
61	63		76.001, Civil Practice and Remedies Code.
62	64		(2) "Nonprofit organization" has the meaning assigned
63	65		by Section 76.001, Civil Practice and Remedies Code.
64	66		(b) A school district or open-enrollment charter school may
65	67		allow a campus to elect to donate food to a nonprofit organization
66	68		through a person who is directly and officially affiliated with the
67	69		campus, including a teacher or counselor, or through a parent of a
68	70		student enrolled at the campus. The donated food may be received,
69	71		stored, and distributed on the campus. Food donated by the campus
70	72		may include:
71	73		(1) surplus food prepared for breakfast, lunch, or
72	74		dinner meals or snacks served from the campus cafeteria, subject to
73	75		any applicable local, state, and federal requirements; or
74	76		(2) food donated to the campus as the result of a food
75	77		drive or similar event.
76	78		(c) The type of food donated under Subsection (b)(1) may
77	79		include:
78	80		(1) packaged unserved food that is packaged on the
79	81		campus of a school district or open-enrollment charter school and
80	82		has not been removed from the campus cafeteria;
81	83		(2) packaged served food if the packaging and food are
82	84		in good condition;
83	85		(3) whole, uncut produce; and
84	86		(4) wrapped raw unserved produce.
85	87		(c-1) Food that by law must be maintained at a certain
86	88		temperature for safety may not be donated unless the campus has
87	89		maintained the food at the required temperature.
88	90		(d) Food donated under this section to a nonprofit
89	91		organization may be distributed at the campus at any time. Campus
90	92		employees may assist in preparing and distributing the food as
91	93		volunteers for the nonprofit organization.
92	94		(e) Under this program, a school district or
93	95		open-enrollment charter school may adopt a policy under which the
94	96		district or charter school provides food at no cost to a student for
95	97		breakfast, lunch, or dinner meals or a snack if the student is
96	98		unable to purchase breakfast, lunch, or dinner meals or a snack.
97	99		(f) The commissioner may adopt rules as necessary to
98	100		implement this section.
99	101		Sec. 33.303 [33.908]. GRACE PERIOD POLICY FOR EXHAUSTED OR
100	102		INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. The board of trustees of
101	103		a school district that allows students to use a prepaid meal card or
102	104		account to purchase meals served at schools in the district shall
103	105		adopt a grace period policy regarding the use of the cards or
104	106		accounts. The policy:
105	107		(1) must allow a student whose meal card or account
106	108		balance is exhausted or insufficient to continue, for a period
107	109		determined by the board, to purchase meals by:
108	110		(A) accumulating a negative balance on the
109	111		student's card or account; or
110	112		(B) otherwise receiving an extension of credit
111	113		from the district;
112	114		(2) must require the district to notify the parent of
113	115		or person standing in parental relation to the student that the
114	116		student's meal card or account balance is exhausted;
115	117		(3) may not permit the district to charge a fee or
116	118		interest in connection with meals purchased under Subdivision (1);
117	119		and
118	120		(4) may permit the district to set a schedule for
119	121		repayment on the account balance as part of the notice to the parent
120	122		or person standing in parental relation to the student.
121	123		SECTION 3. Subchapter H, Chapter 33, Education Code, as
122	124		added by this Act, is amended by adding Section 33.304 to read as
123	125		follows:
124	126		Sec. 33.304. INGREDIENTS IN SCHOOL MEALS. (a) A school
125	127		district or open-enrollment charter school shall make available to
126	128		a parent or guardian of each student enrolled in the district or
127	129		school a list of food that contain the following ingredients that
128	130		have been labeled as carcinogenic, endocrine disrupting, or
129	131		hyperactivity-inducing chemicals:
130	132		(1) Butyl hydroxyanisole
131	133		(2) Potassium bromate
132	134		(3) Brominated Vegetable oil
133	135		(4) Artificial Dyes:
134	136		a. Yellow dye 5
135	137		b. Yellow dye 6
136	138		c. Red dye 40
137	139		d. Blue dye 1
138	140		e. Blue dye 2
139	141		f. Green dye 3
140	142		g. Red dye 3
141	143		(5) Propylparabens
142	144		(6) Butylated hydroxytoluene
143	145		(7) Titanium Dioxide
144	146		(8) High Fructose Corn Syrup
145	147		(9) Maltodextrin
146	148		(10) Azodicarbonamide
147	149		(11) Potassium Iodate
148	150		(12) Bisphenol A
149	151		(13) Arsenic
150	152		(14) Carrageenan
151	153		(15) Glyphosate
152	154		(16) Synthetic growth hormones
153	155		(b) A school district or open-enrollment charter school may
154	156		publish a list of ingredients described by Subsection (a) on the
155	157		district's or school's Internet website to comply with this
156	158		section.
157	159		SECTION 4. This Act applies beginning with the 2025-2026
158	160		school year.
159	161		SECTION 5. This Act takes effect immediately if it receives
160	162		a vote of two-thirds of all the members elected to each house, as
161	163		provided by Section 39, Article III, Texas Constitution. If this
162	164		Act does not receive the vote necessary for immediate effect, this
163	165		Act takes effect September 1, 2025.