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AN ACT
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relating to breakfast for certain public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.901, Education Code, is amended to |
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read as follows: |
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Sec. 33.901. BREAKFAST PROGRAMS. (a) If at least 10 |
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percent of the students enrolled in one or more schools in a school |
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district or enrolled in an open-enrollment charter school are |
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eligible for free or reduced-price breakfasts under the national |
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school breakfast program provided for by the Child Nutrition Act of |
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1966 (42 U.S.C. Section 1773), the board of trustees of the school |
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district or the governing body of [the district or] the |
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open-enrollment charter school shall participate in the program and |
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make the benefits of the program available to all eligible students |
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in the schools or school. |
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(b) A school district campus or an open-enrollment charter |
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school participating in the national school breakfast program |
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provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773) |
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in which 80 percent or more of the students qualify for a free or |
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reduced-price breakfast shall offer a free breakfast to each |
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student. |
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(c) The commissioner shall grant a waiver of the free |
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breakfast requirements under Subsection (b), not to exceed one |
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year, to a school district campus or an open-enrollment charter |
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school if the board of trustees of the school district or the |
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governing body of the open-enrollment charter school votes to |
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request the waiver at the annual meeting of the board of trustees |
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required under Section 44.004 or an annual meeting of the governing |
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body called to adopt a budget for the open-enrollment charter |
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school for the succeeding fiscal year. Before voting to request a |
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waiver under this subsection, the board of trustees or the |
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governing body shall list the waiver as a separate item for |
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consideration on the meeting's agenda and provide an opportunity |
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for public comment regarding the waiver at the meeting. |
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SECTION 2. It is the intent of the legislature that the |
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change in law made by Section 33.901, Education Code, as amended by |
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this Act, does not change or expand the eligibility requirements |
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under the Child Nutrition Act of 1966 (42 U.S.C. Section 1773). A |
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student who qualifies for a free or reduced-price breakfast under |
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federal law continues to qualify and a student who does not qualify |
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for a free or reduced-price breakfast does not qualify as a result |
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of this Act. |
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SECTION 3. This Act does not make an appropriation or |
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require a specific appropriation. Any new duty imposed on a state |
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agency as a result of this Act can be performed through the |
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appropriations provided by the legislature and any federal funding. |
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SECTION 4. This Act applies beginning with the 2014-2015 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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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. 376 passed the Senate on |
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April 23, 2013, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 376 passed the House on |
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May 9, 2013, by the following vote: Yeas 73, Nays 58, two present |
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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 |