By: Bernal H.B. No. 367       A BILL TO BE ENTITLED   AN ACT       relating to feeding hungry children through efficient use of excess   food in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 33, Education Code, is   amended by adding Section 33.907 to read as follows:          Sec. 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 may allow a campus to elect to donate   food to a nonprofit organization through an official on campus   nonprofit organization representative or designee who is directly   affiliated with the campus, such as a teacher, counselor, or PTA   member and the donated food may be received, stored, and   redistributed on campus at any time.  Food donated by the campus may   include:                (1)  surplus food from breakfast, lunch, snack and   dinner meals served at the campus cafeteria, subject to any   applicable local, state and federal requirements; or                (2)  food donated to the on-campus non-profit   representative as a result of a food drive or similar event.                (3)  Examples of eligible left-over food include   packaged/unpackaged unserved food; served/unserved/food with   packaging in good condition; whole, uncut produce; wrapped raw   produce; and/or fruit which will be peeled (bananas, oranges).          (c)  Food donated under this section to a nonprofit   organization may be redistributed on the campus. Campus employees   may assist in preparing and distributing the food as volunteers for   the nonprofit organization.          (d)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.  This Act applies beginning with the 2017-2018   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, 2017.