Tex.
Educ. Code Section 33.907
Donation of Food
(a)
In this section:(1)
“Donate” has the meaning assigned by Section 76.001 (Definitions), Civil Practice and Remedies Code.(2)
“Nonprofit organization” has the meaning assigned by Section 76.001 (Definitions), 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.
Source:
Section 33.907 — Donation of Food, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm#33.907 (accessed Jun. 5, 2024).
