By: Glaze H.B. No. 344
73R2538 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of an Interagency Council on
1-3 Nutrition and a task force to determine dietary guidelines for
1-4 certain state agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1
1-7 SECTION 1.01. TASK FORCE. (a) A task force to develop a
1-8 technical report determining dietary guidelines for state agencies
1-9 is established. The task force is composed of:
1-10 (1) a nutritionist from each of the following state
1-11 agencies, appointed by the executive head of the agency:
1-12 (A) the Central Education Agency;
1-13 (B) the Department of Agriculture;
1-14 (C) the Department of Public Health;
1-15 (D) the institutional division of the Texas
1-16 Department of Criminal Justice;
1-17 (E) the Texas Agricultural Extension Service;
1-18 (F) the Texas Commission for the Blind;
1-19 (G) the Texas Commission for the Deaf and
1-20 Hearing Impaired;
1-21 (H) the Texas Department of Human Services;
1-22 (I) the Texas Department of Mental Health and
1-23 Mental Retardation;
1-24 (J) the Texas Department on Aging; and
2-1 (K) the Texas Youth Commission; and
2-2 (2) the following individuals appointed by the
2-3 director of the Department of Public Health:
2-4 (A) nutritionists from the Texas Dietetic
2-5 Association; and
2-6 (B) academic experts with practical nutritional
2-7 expertise.
2-8 (b) The governor shall name a member of the task force to
2-9 serve as presiding officer.
2-10 (c) The task force shall meet at the call of the presiding
2-11 officer.
2-12 (d) If needed in the discharge of its duties, the task force
2-13 may request the assistance of personnel, equipment, and supplies
2-14 from the Department of Public Health, and that department shall
2-15 provide the assistance to the task force when requested to do so.
2-16 (e) The costs of administering the task force shall be paid
2-17 by the agencies represented on the task force.
2-18 (f) The task force may seek and accept other sources of
2-19 funding and staff, including volunteers.
2-20 SECTION 1.02. TECHNICAL REPORT ON DIETARY GUIDELINES. (a)
2-21 The task force shall make a complete technical report of its
2-22 findings and recommended dietary guidelines not later than August
2-23 31, 1994.
2-24 (b) The task force shall file copies of the report with:
2-25 (1) each state agency that has a publicly funded food
2-26 service or nutrition department;
2-27 (2) the Legislative Reference Library; and
3-1 (3) the governor and the presiding officer of each
3-2 house of the legislature.
3-3 SECTION 1.03. DIETARY GUIDELINES FOR STATE AGENCIES. (a)
3-4 Each state agency that has a publicly funded food service or
3-5 nutrition department shall plan to incorporate and implement the
3-6 dietary guidelines into that agency's food service program.
3-7 (b) The agency's plans may include:
3-8 (1) methods for meeting the dietary guidelines;
3-9 (2) a system for coordinating food service programs
3-10 with other state agencies;
3-11 (3) education plans for food service administrators,
3-12 staff, and consumers;
3-13 (4) the use of model projects;
3-14 (5) strategies to promote the use of Texas products;
3-15 and
3-16 (6) a time frame to provide for full implementation of
3-17 the dietary guidelines not later than September 1, 1995.
3-18 (c) When establishing the dietary guidelines, a state agency
3-19 covered by this section shall consider federal regulations unique
3-20 to that agency and the dietary needs of the persons served.
3-21 SECTION 1.04. ABOLISHMENT. The task force is abolished
3-22 December 31, 1994.
3-23 ARTICLE 2
3-24 SECTION 2.01. Subtitle E, Title 2, Health and Safety Code,
3-25 is amended by adding Chapter 108 to read as follows:
3-26 CHAPTER 108. INTERAGENCY COUNCIL ON NUTRITION
3-27 Sec. 108.001. DEFINITIONS. In this chapter:
4-1 (1) "Council" means the Interagency Council on
4-2 Nutrition.
4-3 (2) "Dietary guidelines" means the dietary guidelines
4-4 written by the task force convened to establish those guidelines.
4-5 Sec. 108.002. INTERAGENCY COUNCIL ESTABLISHED. (a) The
4-6 Interagency Council on Nutrition is established.
4-7 (b) The commissioner of health and human services shall
4-8 associate the council with an existing health and human services
4-9 agency.
4-10 Sec. 108.003. COMPOSITION OF COUNCIL. (a) The council is
4-11 composed of at least one representative from each state agency
4-12 having a publicly funded food service or nutrition department. The
4-13 executive head of an agency shall appoint that agency's
4-14 representative, who shall be the director of food programs or a
4-15 food service or nutrition department employee. The state agencies
4-16 to be represented include:
4-17 (1) the Central Education Agency;
4-18 (2) the Department of Agriculture;
4-19 (3) the Department of Protective and Regulatory
4-20 Services;
4-21 (4) the Department of Public Health;
4-22 (5) the institutional division of the Texas Department
4-23 of Criminal Justice;
4-24 (6) the Texas Agricultural Extension Service;
4-25 (7) the Texas Commission for the Blind;
4-26 (8) the Texas Commission for the Deaf and Hearing
4-27 Impaired;
5-1 (9) the Texas Department of Human Services;
5-2 (10) the Texas Department of Mental Health and Mental
5-3 Retardation;
5-4 (11) the Texas Department on Aging; and
5-5 (12) the Texas Youth Commission.
5-6 (b) A council member serves at the pleasure of the
5-7 appointing authority or until termination of the person's
5-8 employment with the agency. A council member serves a two-year
5-9 term expiring February 1 of each odd-numbered year.
5-10 (c) The council shall annually elect one of its members as
5-11 presiding officer.
5-12 (d) The council shall meet at least quarterly. An action
5-13 taken by the council must be approved by a majority vote of the
5-14 members present and voting.
5-15 (e) The council by rule shall establish procedures and
5-16 policies governing its conduct.
5-17 Sec. 108.004. COUNCIL DUTIES. (a) The council serves as an
5-18 advisory and resource group to assist state agencies in planning
5-19 and implementing the dietary guidelines.
5-20 (b) The council shall annually submit a progress report to
5-21 the governing bodies of the agencies represented on the council.
5-22 (c) The council shall make recommendations to the governing
5-23 bodies of the agencies represented on the council regarding the
5-24 diet and nutritional requirements of persons served by those
5-25 agencies.
5-26 (d) The council may modify the dietary guidelines as
5-27 necessary.
6-1 Sec. 108.005. ANNUAL REPORT. The council shall annually
6-2 submit a report to the legislature detailing actions taken and
6-3 recommendations made by the council to improve the dietary
6-4 conditions of persons who benefit from the food service or
6-5 nutrition departments of the state agencies represented on the
6-6 council.
6-7 Sec. 108.006. PAYMENT OF COSTS. (a) The agencies
6-8 represented on the council shall pay the costs of the council and
6-9 shall provide clerical and support staff.
6-10 (b) The council may seek and accept other sources of funding
6-11 and staff, including volunteers.
6-12 Sec. 108.007. INFORMATION FROM STATE AGENCY. A state
6-13 agency, university, or medical school shall submit to the council
6-14 any information the council requires that relates to nutrition and
6-15 diet.
6-16 Sec. 108.008. ADOPTION OF GUIDELINES. Each state agency
6-17 that has a publicly funded food service or nutrition department
6-18 shall incorporate and implement the dietary guidelines into that
6-19 agency's food service program.
6-20 Sec. 108.009. COMPENSATION OF MEMBERS. A member of the
6-21 council is not entitled to compensation but is entitled to
6-22 reimbursement for actual and necessary expenses incurred in
6-23 performing council duties.
6-24 Sec. 108.010. APPLICATION OF SUNSET ACT. The Interagency
6-25 Council on Nutrition is subject to Chapter 325, Government Code
6-26 (Texas Sunset Act). Unless continued in existence as provided by
6-27 that chapter, the council is abolished and this chapter expires
7-1 September 1, 1999.
7-2 ARTICLE 3
7-3 SECTION 3.01. (a) This Act takes effect September 1, 1993,
7-4 except that Article 2 takes effect June 1, 1994.
7-5 (b) Members of the task force created by Article 1 of this
7-6 Act shall be appointed not later than September 30, 1993.
7-7 (c) Members of the Interagency Council on Nutrition shall be
7-8 designated not later than July 1, 1994.
7-9 SECTION 3.02. Each state agency that has a publicly funded
7-10 food service or nutrition department shall comply with Section
7-11 108.008, Health and Safety Code, as added by this Act, not later
7-12 than September 1, 1995.
7-13 SECTION 3.03. The importance of this legislation and the
7-14 crowded condition of the calendars in both houses create an
7-15 emergency and an imperative public necessity that the
7-16 constitutional rule requiring bills to be read on three several
7-17 days in each house be suspended, and this rule is hereby suspended.