HB 3738

relating to an annual study on perfluoroalkyl and polyfluoroalkyl
substances (PFAS) in school lunches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 12, Agriculture Code, is amended by
adding Section 12.052 to read as follows:
Sec. 12.052.  STUDY ON PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES IN SCHOOL LUNCHES.  (a)  In this section,
"perfluoroalkyl and polyfluoroalkyl substance" means any member of
the class of manufactured fluorinated chemicals containing at least
one fully fluorinated carbon atom.
(b)  The department, with assistance from the Texas
Education Agency, shall conduct an annual study to determine levels
of perfluoroalkyl and polyfluoroalkyl substances in food served to
students under the school lunch program administered by the
department under 42 U.S.C. Section 1751 et seq.  The study must
analyze representative samples of:
(1)  each food distributed to schools under the
(2)  other foods commonly purchased by schools using
(c)  Not later than December 31 of each year, the department
shall prepare a report with the results of the study conducted under
Subsection (b) and submit the report to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each member of the legislature.
(d)  The department shall adopt rules necessary to implement
this section, including to determine which perfluoroalkyl and
polyfluoroalkyl substances to test for in the food served to
SECTION 2.  Notwithstanding Section 12.052, Agriculture
Code, as added by this Act, the Department of Agriculture is not
required to submit the initial report required by that section
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, 2025.