89R9178 CMO-D By: Johnson S.B. No. 2374 A BILL TO BE ENTITLED AN ACT relating to the establishment of a grant program for the provision of menstrual products at public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.038 to read as follows: Sec. 38.038. AVAILABILITY OF MENSTRUAL PRODUCTS: GRANT PROGRAM. (a) In this section: (1) "Eligible school district" means a school district in which a qualifying campus is located. (2) "Menstrual products" means tampons and sanitary napkins for use in connection with the menstrual cycle. (3) "Qualifying campus" means a school district campus that: (A) offers a course of instruction for students in one or more grades from grade 5 through grade 12; and (B) receives federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.). (b) The commissioner shall establish and administer a program to award grants to eligible school districts to provide menstrual products to female students enrolled at a qualifying campus. (c) Only an eligible school district may apply for and receive a grant under this section. (d) Not later than September 1 of each year, the commissioner shall: (1) certify the total amount of funding available to be awarded under the program for that school year; and (2) from funds appropriated for that purpose, award grants to eligible school districts proportionately based on the total number of female students enrolled in grade 5 through grade 12 at each qualifying campus located in the eligible district. (e) An eligible school district that receives a grant under this section shall make menstrual products available free of charge at each qualifying campus in the district through a female school counselor, female nurse, or female classroom teacher selected by the principal of the qualifying campus. (f) The legislature may appropriate money, and the commissioner may solicit and accept gifts, grants, and donations from any public or private source, for the purpose of providing grants under the program. (g) The commissioner shall adopt rules and procedures to administer the program established under this section. SECTION 2. This Act applies beginning with the 2025-2026 school year. 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.