By: Bonnen of Galveston, Paul	H.B. No. 1305
	(Senate Sponsor - Taylor of Galveston)
	(In the Senate - Received from the House May 7, 2015;
	May 11, 2015, read first time and referred to Committee on
	Education; May 19, 2015, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 8, Nays 0;
	May 19, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1305	By:  Taylor of Galveston

	COMMITTEE VOTE
	YeaNayAbsentPNV
	TaylorofGalvestonX
	LucioX
	BettencourtX
	CampbellX
	GarciaX
	HuffinesX
	KolkhorstX
	RodríguezX
	SeligerX
	TaylorofCollinX
	WestX
	A BILL TO BE ENTITLED
	AN ACT
	relating to a program to provide a free or reduced-price breakfast
	to eligible students attending a public school and the method of
	determining the number of educationally disadvantaged students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 33.901, Education Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (a-1) to
	read as follows:
	(a)  If at least 10 percent of the students enrolled in one or
	more schools in a school district or enrolled in an open-enrollment
	charter school are eligible for free or reduced-price breakfasts
	under the national school breakfast program provided for by the
	Child Nutrition Act of 1966 (42 U.S.C. Section 1773), the board of
	trustees of the school district or the governing body of the
	open-enrollment charter school shall either:
	(1)  participate in the national program and make the
	benefits of the national program available to all eligible students
	in the schools or school; or
	(2)  develop and implement a locally funded program to
	provide free meals, including breakfast and lunch, to each student
	eligible for free meals under federal law and reduced-price meals,
	including breakfast and lunch, to each student eligible for
	reduced-price meals under federal law, provided that the reduced
	price may not exceed the maximum allowable rate under federal law.
	(a-1)  A school district is permitted under Subsection (a) to
	participate in the national program at one or more campuses in the
	district and provide a locally funded program at one or more other
	campuses in the district.
	(b)  A school district campus or an open-enrollment charter
	school participating in the national school breakfast program
	provided by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773)
	or providing a locally funded program in which 80 percent or more of
	the students qualify under the national program for a free or
	reduced-price breakfast shall offer a free breakfast to each
	student.
	SECTION 2.  Section 42.152(b), Education Code, is amended to
	read as follows:
	(b)  For purposes of this section, the number of
	educationally disadvantaged students is determined:
	(1)  by averaging the best six months' numbers of
	students eligible for enrollment in the national school lunch
	program of free or reduced-price lunches for the preceding school
	year; or
	(2)  in the manner provided by commissioner rule[, if
	no campus in the district participated in the national school lunch
	program of free or reduced-price lunches during the preceding
	school year].
	SECTION 3.  This Act applies beginning with the 2015-2016
	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, 2015.
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