Tex. Agric. Code Section 12.0029
Summer Nutrition Programs


(a)

In this section:

(1)

“Field office” means a field office of a nutrition program administered by the department.

(2)

“Summer nutrition program” means the summer food service program under 42 U.S.C. Section 1761. The term includes the seamless summer option under 42 U.S.C. Section 1761(a)(8).

(b)

Unless the department grants a school district a waiver under Subsection (f), a district in which 50 percent or more of the students are eligible to participate in the national free or reduced-price lunch program under 42 U.S.C. Section 1751 et seq. shall provide or arrange for the provision of a summer nutrition program for at least 30 days during the period in which district schools are recessed for the summer.

(c)

Not later than October 31 of each year, the department shall notify each school district described by Subsection (b) of the district’s responsibility concerning provision of a summer nutrition program during the next period in which school is recessed for the summer.

(d)

Not later than November 30 of each year, the board of trustees of a school district that intends to request a waiver under Subsection (e)(2) must send written notice of the district’s intention to the district’s local school health advisory council. The notice must include an explanation of the district’s reason for requesting a waiver of the requirement.

(e)

Each school district that receives a notice under Subsection (c) shall, not later than January 31 of the year following the year in which the notice was received:

(1)

inform the department in writing that the district intends to provide or arrange for the provision of a summer nutrition program during the next period in which district schools are recessed for the summer; or

(2)

request in writing that the department grant the district a waiver of the requirement to provide or arrange for the provision of a summer nutrition program.

(f)

The department may grant a school district a waiver of the requirement to provide or arrange for the provision of a summer nutrition program only if:

(1)

the district:

(A)

provides documentation, verified by the department, showing that:
(i)
there are fewer than 100 children in the district currently eligible for the national free or reduced-price lunch program;
(ii)
transportation to enable district students to participate in the program is an insurmountable obstacle to the district’s ability to provide or arrange for the provision of the program despite consultation by the district with public transit providers;
(iii)
the district is unable to provide or arrange for the provision of a program due to renovation or construction of district facilities and the unavailability of an appropriate alternate provider or site; or
(iv)
the district is unable to provide or arrange for the provision of a program due to another specified extenuating circumstance and the unavailability of an appropriate alternate provider or site; and

(B)

has worked with the field offices to identify another possible provider for the program in the district; or

(2)

the cost to the district to provide or arrange for provision of a program would be cost-prohibitive, as determined by the department using the criteria and methodology established under Subsection (g).

(g)

The department by rule shall establish criteria and a methodology for determining whether the cost to a school district to provide or arrange for provision of a summer nutrition program would be cost-prohibitive for purposes of granting a waiver under Subsection (f)(2).

(h)

A waiver granted under Subsection (f) is for a one-year period.

(i)

If a school district has requested a waiver under Subsection (e)(2) and has been unable to provide to the department a list of possible providers for the summer nutrition program, the field offices shall continue to attempt to identify an alternate provider for the district’s summer nutrition program.

(j)

Not later than December 31 of each even-numbered year, the department shall provide to the legislature by e-mail a report that, for each year of the biennium:

(1)

states the name of each school district that receives a notice under Subsection (c) and indicates whether the district:

(A)

has provided or arranged for the provision of a summer nutrition program; or

(B)

has not provided or arranged for the provision of a program and did not receive a waiver;

(2)

identifies the funds, other than federal funds, used by school districts and the state in complying with this section; and

(3)

identifies the total amount of any profit made or loss incurred through summer nutrition programs under this section.

(k)

The department shall post and maintain on the department’s Internet website the most recent report required by Subsection (j).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1052 (S.B. 89), Sec. 1, eff. September 1, 2011.

Source: Section 12.0029 — Summer Nutrition Programs, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­12.­htm#12.­0029 (accessed Mar. 16, 2024).

12.001
Execution of Laws
12.002
Development of Agriculture
12.003
Agricultural Societies
12.006
Development of Domestic and Foreign Markets
12.007
Plant Diseases and Pests
12.010
Correspondence with Government Agencies and Others
12.0011
Authority to Enter into Cooperative Agreements
12.011
Agricultural Resource Statistics
12.0012
Notification
12.013
Employees
12.016
Rules
12.018
Testing
12.020
Administrative Penalties
12.021
Fee for Phytosanitation Inspection
12.022
Authority to Solicit and Accept Gifts, Grants, and Donations
12.023
Expiration of Registration or Licenses
12.024
Late Renewal of License or Registration
12.0025
Nutrition Programs
12.025
Program Accessibility Plan
12.0026
Interagency Farm-to-school Coordination Task Force
12.026
Public Interest Information
12.027
Economic Development Program
12.0027
Nutrition Outreach Program
12.0028
Limitation on Sanctions Imposed on School Districts for Sale of Foods of Minimal Nutritional Value
12.028
Competitive Bidding or Advertising
12.0029
Summer Nutrition Programs
12.029
Minority and Female-owned Business Contracts
12.031
Advertising, Publications, and Fees
12.032
Cooperation with State Office of Administrative Hearings
12.033
Multiple Licenses
12.034
Refund or Waiver of Fees
12.035
Notice to Examinee
12.036
Licensing Out-of-state Applicants
12.037
Continuing Education
12.038
Office of Rural Affairs
12.039
Certain Wine Produced or Bottled in This State
12.040
Texas Certified Retirement Community Program
12.041
School Breakfast and Lunch Program
12.042
Home-delivered Meal Grant Program
12.046
Texas Rural Investment Fund
12.047
Use of Technology
12.048
Obtaining Criminal History Record Information
12.050
Trade Agricultural Inspection Grant Program
12.051
Farmer Mental Health and Suicide Prevention Program
12.0135
Conflict Provisions
12.0144
Fee Schedule
12.0145
Submission of Proposed Fee Schedule
12.0176
Cooperation with Certain Commodity Producers Boards
12.0177
Texas Nursery and Floral Account
12.0201
License Sanctions
12.0202
Administrative Hearings
12.0203
Negotiated Rulemaking and Alternative Dispute Resolution
12.0204
Advisory Committees
12.0205
Coordination of Consumer Protection Enforcement with Office of Attorney General
12.0261
Administrative Procedure
12.0271
Rural Economic Development and Investment Program
12.0272
Texas Economic Development Fund
12.0273
Limitations on Loans and Grants from Texas Economic Development Fund
12.02601
Complaints

Accessed:
Mar. 16, 2024

§ 12.0029’s source at texas​.gov