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.