89R14823 MP-D     By: Shofner H.B. No. 3738       A BILL TO BE ENTITLED   AN ACT   relating to an annual study on perfluoroalkyl and polyfluoroalkyl   substances (PFAS) in school lunches.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 12, Agriculture Code, is amended by   adding Section 12.052 to read as follows:          Sec. 12.052.  STUDY ON PERFLUOROALKYL AND POLYFLUOROALKYL   SUBSTANCES IN SCHOOL LUNCHES.  (a)  In this section,   "perfluoroalkyl and polyfluoroalkyl substance" means any member of   the class of manufactured fluorinated chemicals containing at least   one fully fluorinated carbon atom.          (b)  The department, with assistance from the Texas   Education Agency, shall conduct an annual study to determine levels   of perfluoroalkyl and polyfluoroalkyl substances in food served to   students under the school lunch program administered by the   department under 42 U.S.C. Section 1751 et seq.  The study must   analyze representative samples of:                (1)  each food distributed to schools under the   program; and                (2)  other foods commonly purchased by schools using   program subsidies.          (c)  Not later than December 31 of each year, the department   shall prepare a report with the results of the study conducted under   Subsection (b) and submit the report to the governor, the   lieutenant governor, the speaker of the house of representatives,   and each member of the legislature.          (d)  The department shall adopt rules necessary to implement   this section, including to determine which perfluoroalkyl and   polyfluoroalkyl substances to test for in the food served to   students.           SECTION 2.  Notwithstanding Section 12.052, Agriculture   Code, as added by this Act, the Department of Agriculture is not   required to submit the initial report required by that section   until December 31, 2026.          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.