85R12645 MM-D     By: Alonzo H.B. No. 2438       A BILL TO BE ENTITLED   AN ACT   relating to the preference given by school districts to produce   grown by certain entities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 33, Education Code, is   amended by adding Section 33.9011 to read as follows:          Sec. 33.9011.  PRODUCE SUPPLY PREFERENCE.  (a)  A school   district that purchases fresh produce for consumption by students   shall give preference to produce grown by:                (1)  an owner of a small farm;                (2)  a community garden;                (3)  a produce cooperative; or                (4)  a greenhouse producer.          (b)  A school district may apply to the commissioner of   agriculture in writing in accordance with commissioner rule for a   waiver to exempt the district or one or more district campuses from   the requirements of this section.  The district's application for a   waiver under this section must demonstrate that the waiver is   necessary.          SECTION 2.  This Act applies beginning with the 2017-2018   school year.          SECTION 3.  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, 2017.