S.B. No. 725         AN ACT   relating to the donation and distribution of food at public   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 33, Education Code, is   amended by adding Section 33.907 to read as follows:          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 an official of the nonprofit organization who is directly   affiliated with the campus, including a teacher, counselor, or   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 a snack to be served at 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 this section may include:                (1)  packaged or unpackaged unserved food;                (2)  packaged served food if the packaging is in good   condition;                (3)  whole, uncut produce;                (4)  wrapped raw produce; and                (5)  unpeeled fruit required to be peeled before   consumption.          (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.          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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 725 passed the Senate on   April 19, 2017, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendments on May 25, 2017, by the   following vote: Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 725 passed the House, with   amendments, on May 20, 2017, by the following vote: Yeas 133,   Nays 0, three present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor