By: Bernal, et al. (Senate Sponsor - Miles) H.B. No. 367          (In the Senate - Received from the House April 24, 2017;   May 9, 2017, read first time and referred to Committee on   Agriculture, Water & Rural Affairs; May 17, 2017, reported   adversely, with favorable Committee Substitute by the following   vote:  Yeas 5, Nays 1, 1 present not voting; May 17, 2017, sent to   printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR H.B. No. 367 By:  Rodríguez     A BILL TO BE ENTITLED   AN ACT     relating to donation and distribution of surplus food at public   schools and grace period policies for public school students with   insufficient balances on prepaid meal cards.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Student Fairness   in Feeding Act.          SECTION 2.  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 or open-enrollment charter school may   allow a campus to elect to donate food to a nonprofit organization   through an official of the nonprofit organization who is directly   affiliated with the campus, including a teacher, counselor, or   parent of a student enrolled at the campus. The donated food may be   received, stored, and distributed on the campus. Food donated by   the campus may include:                (1)  surplus food prepared for breakfast, lunch, or   dinner meals or a snack to be served at the campus cafeteria,   subject to any applicable local, state, and federal requirements;   or                (2)  food donated to the campus as the result of a food   drive or similar event.          (c)  The type of food donated under this section may include:                (1)  packaged or unpackaged unserved food;                (2)  packaged served food if the packaging is in good   condition;                (3)  whole, uncut produce;                (4)  wrapped raw produce; and                (5)  unpeeled fruit required to be peeled before   consumption.          (d)  Food donated under this section to a nonprofit   organization may be distributed at the campus at any time. Campus   employees may assist in preparing and distributing the food as   volunteers for the nonprofit organization.          (e)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 3.  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 4.  This Act applies beginning with the 2017-2018   school year.          SECTION 5.  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.     * * * * *