88R14270 PRL-D     By: Bernal H.B. No. 4746       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of a school district or open-enrollment   charter school to receive a grant from the Department of   Agriculture to provide surplus agricultural products to certain   students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.001, Agriculture Code, is amended to   read as follows:          Sec. 21.001.  CREATION.  The department by rule shall   develop a program to award grants to:                (1)  nonprofit organizations for the purpose of   collecting and distributing surplus agricultural products to food   banks and other charitable organizations that serve needy or   low-income individuals; and                (2)  public schools for the purpose of collecting and   distributing surplus agricultural products to educationally   disadvantaged students.          SECTION 2.  Section 21.002, Agriculture Code, is amended to   read as follows:          Sec. 21.002.  ELIGIBILITY.  (a)  For the purposes of this   chapter:                (1)  "Educationally disadvantaged" has the meaning   assigned by Section 5.001, Education Code.                (2)  "Public school" means a school district or an   open-enrollment charter school established under Subchapter D,   Chapter 12, Education Code.          (b)  Subject to available funds:                (1)  [,] a nonprofit organization is eligible to   receive a grant under this chapter if the organization:                      (A) [(1)]  has at least five years of experience   coordinating a statewide network of food banks and charitable   organizations that serve each county of this state;                      (B) [(2)]  operates a program that coordinates   the collection and transportation of surplus agricultural products   to a statewide network of food banks that provide food to needy or   low-income individuals; and                      (C) [(3)]  submits to the department, in the   manner and time prescribed by the department, a proposal for the   collection and distribution to food banks or other charitable   organizations for use in providing food to needy or low-income   individuals of surplus agricultural products, including:                            (i) [(A)]  a description of the proposal;                            (ii) [(B)]  a schedule of projected costs   for the proposal;                            (iii) [(C)]  measurable goals for the   proposal; and                            (iv) [(D)]  a plan for evaluating the   success of the proposal; and                (2)  a public school is eligible to receive a grant   under this chapter if the school submits to the department, in the   manner and time prescribed by the department, a proposal for the   collection and distribution of surplus agricultural products to   educationally disadvantaged students that includes the information   required to be provided under Subdivisions (1)(C)(i)-(iv).          SECTION 3.  Section 21.003, Agriculture Code, is amended to   read as follows:          Sec. 21.003.  REPORT.  A nonprofit organization or public   school that receives a grant under this chapter must report the   results of the project to the department in the manner prescribed by   the department.          SECTION 4.  Section 33.907, Education Code, is amended by   amending Subsection (a) and adding Subsection (e-1) to read as   follows:          (a)  In this section:                (1)  "Donate" has the meaning assigned by Section   76.001, Civil Practice and Remedies Code.                (2)  "Educationally disadvantaged" has the meaning   assigned by Section 5.001.                (3)  "Nonprofit organization" has the meaning assigned   by Section 76.001, Civil Practice and Remedies Code.          (e-1)  A school district or open-enrollment charter school   may:                (1)  adopt a policy allowing a campus in the district or   school to collect surplus agricultural products that are eligible   for donation under Subsection (b) and donate the products to the   families of educationally disadvantaged students enrolled at the   campus; and                (2)  apply to receive a grant under the grant program   established under Chapter 21, Agriculture Code, for a campus that   makes the election under Subdivision (1).          SECTION 5.  This Act applies beginning with the 2023-2024   school year.          SECTION 6.  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, 2023.