By Capelo H.B. No. 1910
77R4475 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to agreements concerning food and beverages in vending
1-3 machines on public school campuses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 38, Education Code, is amended by adding
1-6 Section 38.013 to read as follows:
1-7 Sec. 38.013. FOOD AND BEVERAGES IN VENDING MACHINES. (a) In
1-8 this section, "food of minimal nutritional value" has the meaning
1-9 assigned by 7 C.F.R. Section 210.11(a)(2) and its subsequent
1-10 amendments. The term includes a food or beverage listed as a food
1-11 of minimal nutritional value under federal regulations.
1-12 (b) The board of trustees of a school district, a district
1-13 administrator, or a school administrator may not enter into a
1-14 contract or other agreement under which a person is to provide food
1-15 or beverages for a vending machine on a school campus unless, as
1-16 part of the agreement, that person also:
1-17 (1) agrees that not more than 50 percent of the
1-18 selections offered when the vending machine is filled or refilled
1-19 will be food of minimal nutritional value; and
1-20 (2) agrees to provide information, including the list
1-21 provided under federal regulations of foods of minimal nutritional
1-22 value, to the school principal to assist school employees in
1-23 recognizing food of minimal nutritional value.
1-24 (c) On a regular basis, but at least biweekly, the principal
2-1 of each school that has a vending machine on campus containing food
2-2 or beverages shall check each vending machine to monitor compliance
2-3 with this section. The principal may designate a school employee
2-4 to carry out the principal's duty under this subsection.
2-5 (d) This section does not apply to a contract or other
2-6 agreement under which a person is to provide food or beverages for
2-7 a vending machine on a school campus if the vending machine is
2-8 located in a place on the campus in which students generally are
2-9 not permitted, such as the teachers' lounge.
2-10 SECTION 2. This Act applies only to a contract or other
2-11 agreement entered into on or after the effective date of this Act.
2-12 SECTION 3. This Act takes effect immediately if it receives
2-13 a vote of two-thirds of all the members elected to each house, as
2-14 provided by Section 39, Article III, Texas Constitution. If this
2-15 Act does not receive the vote necessary for immediate effect, this
2-16 Act takes effect September 1, 2001.