By: Lucio S.B. No. 1696     A BILL TO BE ENTITLED   AN ACT   relating to federal lunch programs for public school students,   including a study on participation in such programs and school   district lunch grace period policies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 33, Education Code, is   amended by adding Section 33.9011 to read as follows:          Sec. 33.9011.  STUDY ON PROVIDING UNIVERSAL LUNCH. (a)  Not   later than March 1 of each odd-numbered year, the agency, with   assistance from the Department of Agriculture, shall conduct a   study to determine the school districts and open-enrollment charter   schools eligible to provide a universal lunch to all students   through participation in the Community Eligibility Provision   administered by the United States Department of Agriculture, as   provided by the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. No.   111-296).          (b)  Not later than May 1 of each odd-numbered year, the   agency shall:                (1)  notify each school district and open-enrollment   charter school that is eligible to participate in the Community   Eligibility Provision; and                (2)  require each district and school notified under   Subdivision (1) that does not participate in the Community   Eligibility Provision at a majority of their eligible campuses to:                      (A)  perform an economic analysis of cost savings   that would result from participation in the program; and                      (B)  report the results of the analysis to the   agency not later than November 15 of each odd-numbered year.          (c)  If the economic analysis performed by a school district   or open-enrollment charter school under Subsection (b) indicates   cost savings would result from participation in the Community   Eligibility Provision, the district or school must consider   participating in the program.           (d)  If a school district or open-enrollment charter school   that would receive cost savings from participation in the Community   Eligibility Provision does not implement the program, the district   or school shall notify the agency that the district or school did   not implement the program and provide details stating the reason   the district or school did not implement the program.           (e)  Not later than January 31 of each even-numbered year,   the agency shall submit to the governor, lieutenant governor,   speaker of the house of representatives, and members of the   legislature a report that includes a list that identifies the   school districts and open-enrollment charter schools eligible to   provide a universal lunch to all students through participation in   the Community Eligibility Provision and the potential cost savings   to each district and school that could result from that   participation.          SECTION 2.  Section 33.908, Education Code, is amended to   read as follows:          Sec. 33.908.  GRACE PERIOD POLICY FOR EXHAUSTED OR   INSUFFICIENT MEAL CARD OR ACCOUNT BALANCE. (a)  In this section,   "regular meal" means a meal for which a school district ordinarily   receives reimbursement under the national free or reduced-price   lunch program established under 42 U.S.C. Section 1751 et seq.          (b)  A school district that allows students to use a prepaid   meal card or account to purchase meals served at the school 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 grace   period determined by the board of trustees of the district, to   purchase regular 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 make at least one   attempt by telephone or e-mail during each week of the grace period   to privately:                      (A)  notify the parent of or person standing in   parental relation to the student that the student's meal card or   account balance is exhausted;                      (B)  make arrangements with the parent or other   person for payment of negative balances or amounts otherwise due,   including through use of a payment plan; and                      (C)  assist the parent or other person in   completing an application on behalf of the student for free or   reduced-price meals, if it is determined that the student may be   eligible for free or reduced-price meals;                (3)  must require the district to provide the parent or   other person with a written notice of a negative balance or other   amount due that includes information on how to obtain an   application for free or reduced-price meals;                (4)  may not permit the district to charge a fee or   interest in connection with meals purchased under Subdivision (1);   and                (5) [(4)]  may permit the district to set a schedule   for repayment on the account balance or other amount due if the   district is unable to set a repayment schedule by agreement through   efforts required under Subdivision (2) [as part of the notice to the   parent or person standing in parental relation to the student].          (c)  After expiration of the grace period, the school   district may:                (1)  permit the student to continue to purchase regular   meals in the manner described by Subsection (b)(1); or                (2)  provide the student with alternate meals at no   cost.          (d)  A school district that elects to provide alternate meals   must:                (1)  privately notify the student's parent or person   standing in parental relation to the student of the district's   action; and                (2)  provide those meals through the same serving line   as regular meals.          (e)  If a school district provides regular meals to a student   under Subsection (c)(1) and is unable at the end of the school year   to obtain payment for the meals from the student's parent or person   standing in parental relation to the student, the district may pay   the negative balance on the student's meal card or account using   private donations solicited by the district from individuals and   entities for that purpose and maintained in a separate district   account. The amount of any private donations received under this   subsection is in addition to any reimbursement to which the   district is entitled under federal law.          (f)  A school district may not publicly identify a student   with a negative balance on a meal card or account and must implement   any action authorized under this section in a manner that protects   the student's privacy. The district's policy must identify the   manner in which the district will protect the student's privacy.          SECTION 3.  Section 33.908, Education Code, as amended by   this Act, applies beginning with the 2017-2018 school year.          SECTION 4.  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.