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.