HB1289 - Relating to measures to address student hunger at postsecondary educational institutions.

  89R1553 MM-D     By: Bucy H.B. No. 1289       A BILL TO BE ENTITLED   AN ACT   relating to measures to address student hunger at postsecondary   educational institutions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9231 to read as follows:           Sec.   51.9231.     FOOD VENDOR CONTRACT REQUIREMENT. (a) In   this section, "institution of higher education" has the meaning   assigned by Section 61.003.           (b)     A contract entered into by an institution of higher   education with a person for the person to sell or otherwise provide   food on the institution's campus must require the person, if   eligible, to seek authorization to become a retailer and accept   benefits under the supplemental nutrition assistance program under   Chapter 33, Human Resources Code.          SECTION 2.  Subchapter C, Chapter 61, Education Code, is   amended by adding Sections 61.0763 and 61.07631 to read as follows:           Sec.   61.0763.     HUNGER-FREE CAMPUS PROGRAM. (a) The board   shall establish and administer a hunger-free campus program to   support institutions of higher education in establishing essential   and sustainable solutions to hunger at institution campuses in this   state.   The solutions must include:                 (1)     allowing students to donate meal credits from the   student's meal plan to be distributed to peers who may be facing   food insecurity;                 (2)  establishing food pantries on campus;                 (3)     developing, in collaboration with the Health and   Human Services Commission, capacity-building strategies for   increasing student enrollment in the supplemental nutrition   assistance program under Chapter 33, Human Resources Code,   including strategies for identifying students who previously   received meals under the national free or reduced-price lunch   program established under 42 U.S.C. Section 1751 et seq. and   enrolling them in the supplemental nutrition assistance program;   and                 (4)     any other solutions identified by the work group   established under Subsection (c), institution and campus   personnel, or the board.           (b)     The board shall establish criteria under which the board   may designate a campus of an institution of higher education as a   Hunger-Free Campus if the campus applies and meets the   qualifications.           (c)     The board shall establish a work group to develop best   practices guidelines for addressing student hunger on the campuses   of institutions of higher education, including methods for   implementing the solutions to hunger described by Subsection (a).           (d)     The work group must include members who are   representatives of:                 (1)  the legislature;                 (2)  institutions of higher education;                 (3)  the board; and                 (4)  other relevant stakeholders.           (e)     In determining the composition of the work group, the   board shall:                 (1)     ensure work group members represent various types   of institutions of higher education located throughout this state;   and                 (2)     appoint one work group member to serve as   presiding officer.           (f)     Not later than December 1 of each even-numbered year,   the work group shall submit a report to the legislature regarding   its findings and recommendations.           Sec.   61.07631.     HUNGER-FREE CAMPUS GRANT PROGRAM. (a) The   board, in coordination with the Department of Agriculture, shall   establish and administer a program to award grants to eligible   institutions of higher education to support efforts to fight hunger   on the campuses of those institutions.           (b)     Subject to money appropriated or otherwise available,   the board shall award grants on a competitive basis to institutions   of higher education that have one or more campuses designated as a   Hunger-Free Campus by the board under Section 61.0763(b).           (c)     The board shall determine the amount of each grant,   prioritizing grants made to institutions of higher education with   the highest percentages of eligible Pell grant program recipients   enrolled in the institution.           (d)     Grants awarded under this section must be used by the   receiving institution of higher education to:                 (1)     address student hunger on the institution's   campuses;                 (2)     promote essential and sustainable solutions to   address basic food needs on the institution's campuses;                 (3)     raise awareness of services that address basic   food needs and that are currently offered on the institution's   campuses; and                 (4)     build partnerships at the local, state, and   national levels to address food insecurity among students.           (e)     The board shall adopt rules to implement this section,   including rules establishing an application and selection process   for awarding grants.           (f)     Each institution of higher education that receives a   grant under the program shall submit a report to the board, in the   manner the board prescribes, that describes how the institution   used the grant award.           (g)     Not later than December 1, 2028, the board shall submit   to the governor, the lieutenant governor, and the speaker of the   house of representatives a report on the grant program under this   section. The report must include:                 (1)  the number and amounts of grants awarded;                 (2)     the impact of the program on establishing   Hunger-Free Campuses at institutions of higher education;                 (3)     the impact of the program on reducing the number of   students experiencing food insecurity; and                 (4)     recommendations for statutory or funding changes   necessary to implement successful innovations for reducing hunger   at institutions of higher education.          SECTION 3.  Subchapter A, Chapter 33, Human Resources Code,   is amended by adding Section 33.020 to read as follows:           Sec.   33.020.     SNAP ELIGIBILITY OF CERTAIN STUDENTS ENROLLED   IN POSTSECONDARY EDUCATION PROGRAMS. (a) In this section,   "postsecondary educational institution" includes:                 (1)     an institution of higher education or a private or   independent institution of higher education as defined by Section   61.003, Education Code; and                 (2)     a career school or college as defined by Section   132.001, Education Code.           (b)     The commission shall, as authorized under 7 U.S.C.   Section 2015(o)(6), provide an exemption from work requirements to   provide supplemental nutrition assistance program benefits to an   individual who is:                 (1)     ineligible to receive supplemental nutrition   assistance program benefits based solely on the work requirements;   and                 (2)     enrolled as a student in at least 12 semester   credit hours in a postsecondary educational institution.           (c)     The executive commissioner shall adopt rules to   implement this section, including rules that ensure a student   remains eligible for supplemental nutrition assistance benefits   during a break in the semester or academic term of the postsecondary   educational institution in which the student is enrolled.          SECTION 4.  Section 51.9231, Education Code, as added by   this Act, applies only to a contract entered into on or after the   effective date of this Act.  A contract entered into before the   effective date of this Act is governed by the law in effect on the   date the contract was entered into, and the former law is continued   in effect for that purpose.          SECTION 5.  (a)  Not later than December 31, 2025, the Texas   Higher Education Coordinating Board shall establish the work group   required by Section 61.0763, Education Code, as added by this Act.          (b)  Not later than December 1, 2026, the work group   established under Section 61.0763, Education Code, as added by this   Act, shall submit its initial report.          SECTION 6.  Not later than December 31, 2026, the executive   commissioner of the Health and Human Services Commission shall   adopt the rules necessary to implement Section 33.020, Human   Resources Code, as added by this Act.          SECTION 7.  Section 33.020, Human Resources Code, as added   by this Act, applies only to an initial determination or   recertification of eligibility for the supplemental nutrition   assistance program under Chapter 33, Human Resources Code, that is   made on or after the effective date of this Act. A determination or   recertification made before the effective date of this Act is   governed by the law in effect on the date the determination or   recertification was made, and the former law is continued in effect   for that purpose.          SECTION 8.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 9.  This Act takes effect September 1, 2025.