By Najera                                              H.B. No. 796
         77R4298 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prevention of diabetes by improving the health of
 1-3     certain public school students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 28.002, Education Code, is amended by
 1-6     amending Subsection (k) and adding Subsection (l) to read as
 1-7     follows:
 1-8           (k)  The State Board of Education, in consultation with the
 1-9     Texas Department of Health and the Texas Diabetes Council, shall
1-10     develop a diabetes education program that a school district shall
1-11     [may] use in the health curriculum under Subsection (a)(2)(B).
1-12           (l)  On request, the agency shall assist a resident of a
1-13     school district in determining whether the district is in
1-14     compliance with this section, including the requirement under
1-15     Subsection (a)(2) that the district offer health and physical
1-16     education classes.
1-17           SECTION 2. Subchapter Z, Chapter 33, Education Code, is
1-18     amended by adding Section 33.904 to read as follows:
1-19           Sec. 33.904.  SCHOOL BREAKFAST AND LUNCH PROGRAM
1-20     REQUIREMENTS. (a)  A school district that offers breakfast or lunch
1-21     programs for students in kindergarten through grade eight shall
1-22     serve foods that are consistent with:
1-23                 (1)  nutritional requirements applicable to the
1-24     national school lunch program established under 42 U.S.C. Section
 2-1     1751 et seq., and its subsequent amendments; and
 2-2                 (2)  nutritional guidelines adopted by the Texas
 2-3     Diabetes Council.
 2-4           (b)  On request, the agency shall assist a resident of a
 2-5     school district in determining whether the district is in
 2-6     compliance with this section.
 2-7           SECTION 3. This Act takes effect September 1, 2001, and
 2-8     applies beginning with the 2002-2003 school year.