Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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 a person who is directly and officially affiliated with the campus, including a teacher or counselor, or through a 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 snacks served from 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 Subsection (b)(1) may include:(1) packaged unserved food that is packaged on the campus of a school district or open-enrollment charter school and has not been removed from the campus cafeteria;(2) packaged served food if the packaging and food are in good condition;(3) whole, uncut produce; and(4) wrapped raw unserved produce.(c-1) Food that by law must be maintained at a certain temperature for safety may not be donated unless the campus has maintained the food at the required temperature.(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) Under this program, a school district or open-enrollment charter school may adopt a policy under which the district or charter school provides food at no cost to a student for breakfast, lunch, or dinner meals or a snack if the student is unable to purchase breakfast, lunch, or dinner meals or a snack.(f) The commissioner may adopt rules as necessary to implement this section.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 610,Sec. 1, eff. 9/1/2021.Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 569,Sec. 1, eff. 6/9/2017, op. beginning with the 2017-2018 school year.