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  82R1032 CAS-F
 
  By: Lucio S.B. No. 89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to summer nutrition programs provided for by school
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Agriculture Code, is amended by
  adding Section 12.0029 to read as follows:
         Sec. 12.0029.  SUMMER NUTRITION PROGRAMS. (a)  In this
  section:
               (1)  "Agency" means the Texas Education Agency.
               (2)  "Field office" means a field office of a nutrition
  program administered by the department.
               (3)  "Summer nutrition program" means the summer food
  service program under 42 U.S.C. Section 1761. The term includes the
  seamless summer option under 42 U.S.C. Section 1761(a)(8).
         (b)  Unless the department grants a school district a waiver
  under Subsection (f), a district in which 50 percent or more of the
  students are eligible to participate in the national free or
  reduced-priced lunch program under 42 U.S.C. Section 1751 et seq.
  shall provide or arrange for the provision of a summer nutrition
  program for at least 30 weekdays during the period in which district
  schools are recessed for the summer.
         (c)  Not later than October 31 of each year, the department
  shall notify of its responsibility concerning provision of a summer
  nutrition program during the next period in which school is
  recessed for the summer:
               (1)  each school district described by Subsection (b);
  and
               (2)  each field office.
         (d)  Not later than November 30 of each year, the board of
  trustees of a school district that intends to request a waiver under
  Subsection (e)(2) must send written notice of the district's
  intention to the district's local school health advisory council.
  The notice must include an explanation of the district's reason for
  requesting a waiver of the requirement.
         (e)  Each school district that receives a notice under
  Subsection (c) shall, not later than January 31 of the year
  following the year in which the notice was received:
               (1)  inform the department in writing that the district
  intends to operate a summer nutrition program during the next
  period in which district schools are recessed for the summer; or
               (2)  request in writing that the department grant the
  district a waiver of the requirement to operate a summer nutrition
  program.
         (f)  The department may grant a school district a waiver of
  the requirement to operate a summer nutrition program only if:
               (1)  the board of trustees of the district by
  resolution has authorized the district's request for a waiver;
               (2)  the district provides documentation, verified by
  the department, showing that:
                     (A)  there are fewer than 100 children in the
  district currently eligible for the national free or reduced-priced
  lunch program;
                     (B)  transportation to enable district students
  to participate in the program is an insurmountable obstacle to
  providing the program despite consultation by the district with
  public transit providers;
                     (C)  the district is unable to operate a summer
  nutrition program due to renovation or construction of district
  facilities and the unavailability of an appropriate alternate
  provider or site; or
                     (D)  the district is unable to operate a summer
  nutrition program due to another specified extenuating
  circumstance and the unavailability of an appropriate alternate
  provider or site; and
               (3)  the district has worked with the field offices to
  identify another possible provider for the summer nutrition program
  in the district.
         (g)  A waiver granted under Subsection (f) is for a one-year
  period.
         (h)  If a school district has requested a waiver under
  Subsection (e)(2) and has been unable to provide to the department a
  list of possible providers for the summer nutrition program, the
  field offices shall continue to attempt to identify an alternate
  provider for the district's summer nutrition program.
         (i)  The department and the agency jointly shall develop a
  plan for increasing access to summer nutrition programs. The plan
  must include a list of any barrier to access to the programs,
  including a barrier that a provider encounters in providing a
  program and a description of any action taken to overcome a barrier.
  The department and the agency each shall designate an agency
  administrative employee to assist in administering this
  subsection.
         (j)  Not later than December 31 of each even-numbered year,
  the department and the agency shall provide to the legislature a
  joint report that, for each year of the biennium:
               (1)  states the name of each school district that
  receives a notice under Subsection (c) and indicates whether the
  district:
                     (A)  has provided for a summer nutrition program;
  or
                     (B)  has failed to provide a program;
               (2)  provides an explanation, as applicable, of the
  plan required under Subsection (i) or of any update to the plan; and
               (3)  identifies the funds, other than federal funds,
  used by school districts and the state in complying with this
  section.
         (k)  The commissioner of agriculture, in consultation with
  the commissioner of education, shall adopt rules and procedures for
  obtaining a waiver under Subsection (f). The commissioner of
  agriculture shall adopt other rules as necessary to administer this
  section.
         SECTION 2.  Section 33.024, Human Resources Code, is
  repealed.
         SECTION 3.  This Act takes effect September 1, 2011.