Schools may let a campus donate food to a nonprofit and may adopt a no-cost food policy for students who cannot buy meals or snacks.
Sec. 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. Added by Acts 2017, 85th Leg., R.S., Ch. 569 (S.B. 725), Sec. 1, eff. June 9, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 610 (S.B. 1351), Sec. 1, eff. September 1, 2021.