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AN ACT
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relating to summer nutrition programs provided for by school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.0029 to read as follows: |
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Sec. 12.0029. SUMMER NUTRITION PROGRAMS. (a) In this |
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section: |
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(1) "Field office" means a field office of a nutrition |
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program administered by the department. |
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(2) "Summer nutrition program" means the summer food |
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service program under 42 U.S.C. Section 1761. The term includes the |
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seamless summer option under 42 U.S.C. Section 1761(a)(8). |
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(b) Unless the department grants a school district a waiver |
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under Subsection (f), a district in which 50 percent or more of the |
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students are eligible to participate in the national free or |
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reduced-price lunch program under 42 U.S.C. Section 1751 et seq. |
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shall provide or arrange for the provision of a summer nutrition |
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program for at least 30 days during the period in which district |
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schools are recessed for the summer. |
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(c) Not later than October 31 of each year, the department |
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shall notify each school district described by Subsection (b) of |
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the district's responsibility concerning provision of a summer |
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nutrition program during the next period in which school is |
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recessed for the summer. |
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(d) Not later than November 30 of each year, the board of |
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trustees of a school district that intends to request a waiver under |
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Subsection (e)(2) must send written notice of the district's |
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intention to the district's local school health advisory council. |
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The notice must include an explanation of the district's reason for |
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requesting a waiver of the requirement. |
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(e) Each school district that receives a notice under |
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Subsection (c) shall, not later than January 31 of the year |
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following the year in which the notice was received: |
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(1) inform the department in writing that the district |
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intends to provide or arrange for the provision of a summer |
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nutrition program during the next period in which district schools |
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are recessed for the summer; or |
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(2) request in writing that the department grant the |
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district a waiver of the requirement to provide or arrange for the |
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provision of a summer nutrition program. |
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(f) The department may grant a school district a waiver of |
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the requirement to provide or arrange for the provision of a summer |
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nutrition program only if: |
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(1) the district: |
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(A) provides documentation, verified by the |
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department, showing that: |
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(i) there are fewer than 100 children in the |
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district currently eligible for the national free or reduced-price |
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lunch program; |
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(ii) transportation to enable district |
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students to participate in the program is an insurmountable |
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obstacle to the district's ability to provide or arrange for the |
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provision of the program despite consultation by the district with |
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public transit providers; |
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(iii) the district is unable to provide or |
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arrange for the provision of a program due to renovation or |
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construction of district facilities and the unavailability of an |
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appropriate alternate provider or site; or |
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(iv) the district is unable to provide or |
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arrange for the provision of a program due to another specified |
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extenuating circumstance and the unavailability of an appropriate |
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alternate provider or site; and |
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(B) has worked with the field offices to identify |
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another possible provider for the program in the district; or |
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(2) the cost to the district to provide or arrange for |
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provision of a program would be cost-prohibitive, as determined by |
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the department using the criteria and methodology established under |
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Subsection (g). |
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(g) The department by rule shall establish criteria and a |
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methodology for determining whether the cost to a school district |
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to provide or arrange for provision of a summer nutrition program |
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would be cost-prohibitive for purposes of granting a waiver under |
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Subsection (f)(2). |
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(h) A waiver granted under Subsection (f) is for a one-year |
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period. |
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(i) If a school district has requested a waiver under |
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Subsection (e)(2) and has been unable to provide to the department a |
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list of possible providers for the summer nutrition program, the |
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field offices shall continue to attempt to identify an alternate |
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provider for the district's summer nutrition program. |
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(j) Not later than December 31 of each even-numbered year, |
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the department shall provide to the legislature by e-mail a report |
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that, for each year of the biennium: |
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(1) states the name of each school district that |
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receives a notice under Subsection (c) and indicates whether the |
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district: |
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(A) has provided or arranged for the provision of |
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a summer nutrition program; or |
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(B) has not provided or arranged for the |
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provision of a program and did not receive a waiver; |
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(2) identifies the funds, other than federal funds, |
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used by school districts and the state in complying with this |
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section; and |
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(3) identifies the total amount of any profit made or |
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loss incurred through summer nutrition programs under this section. |
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(k) The department shall post and maintain on the |
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department's Internet website the most recent report required by |
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Subsection (j). |
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SECTION 2. Section 33.024, Human Resources Code, is |
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repealed. |
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SECTION 3. Not later than October 1, 2011, the Department of |
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Agriculture shall adopt rules under Subsection (g), Section |
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12.0029, Agriculture Code, as added by this Act, establishing |
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criteria and a methodology regarding costs of school district |
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summer nutrition programs. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 89 passed the Senate on |
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April 20, 2011, by the following vote: Yeas 24, Nays 7; |
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May 25, 2011, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 26, 2011, House |
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granted request of the Senate; May 29, 2011, Senate adopted |
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Conference Committee Report by the following vote: Yeas 24, |
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Nays 7. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 89 passed the House, with |
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amendments, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting; May 26, 2011, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 29, 2011, House adopted Conference Committee Report by the |
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following vote: Yeas 121, Nays 25, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |