1-1                                   AN ACT
 1-2     relating to health education in public schools and to the
 1-3     improvement of children's health through daily physical activity in
 1-4     public schools and a coordinated approach by public schools to
 1-5     prevent obesity and certain diseases.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 28.002, Education Code, is amended by
 1-8     adding Subsection (l) to read as follows:
 1-9           (l)  The State Board of Education, after consulting with
1-10     educators, parents, and medical professionals, by rule may require
1-11     a student enrolled in kindergarten or a grade level below grade
1-12     seven in an elementary school setting to participate in daily
1-13     physical activity as part of a school district's physical education
1-14     curriculum or through structured activity during a school campus's
1-15     daily recess, except that the board may not require more than 30
1-16     minutes of daily physical activity.  If the board adopts rules
1-17     under this subsection, the board must provide for an exemption for
1-18     a student who is unable to participate in daily physical activity
1-19     because of illness or disability.
1-20           SECTION 2.  Section 28.004, Education Code, is amended to
1-21     read as follows:
1-22           Sec. 28.004.  LOCAL SCHOOL HEALTH EDUCATION ADVISORY COUNCIL
1-23     AND HEALTH EDUCATION [HUMAN SEXUALITY] INSTRUCTION.  (a)  The board
1-24     of trustees of each school district shall establish a local school
1-25     health education advisory council to assist the district in
 2-1     ensuring that local community values are reflected in the
 2-2     district's health education instruction.
 2-3           (b)  A school district must consider the recommendations of
 2-4     the local school health education advisory council before changing
 2-5     the district's health education curriculum or instruction.
 2-6           (c)  The local school health education advisory council's
 2-7     duties include recommending:
 2-8                 (1)  the number of hours of instruction to be provided
 2-9     in health education;
2-10                 (2)  health education curriculum appropriate for
2-11     specific grade levels that may include a coordinated health
2-12     education program designed to prevent obesity, cardiovascular
2-13     disease, and Type II diabetes through coordination of:
2-14                       (A)  health education;
2-15                       (B)  physical education;
2-16                       (C)  nutritional services;
2-17                       (D)  parental involvement; and
2-18                       (E)  instruction to prevent the use of tobacco;
2-19     and
2-20                 (3)  appropriate grade levels and methods of
2-21     instruction for human sexuality instruction.
2-22           (d)  The board of trustees shall appoint members to the local
2-23     school health education advisory council.  A majority of the
2-24     members must be persons who are parents of students enrolled in the
2-25     district and who are not employed by the district.  The board of
2-26     trustees also may appoint one or more persons from each of the
 3-1     following groups or a representative from a group other than a
 3-2     group specified under this subsection:
 3-3                 (1)  public school teachers;
 3-4                 (2)  public school administrators;
 3-5                 (3)  district students;
 3-6                 (4)  health care professionals;
 3-7                 (5)  the business community;
 3-8                 (6)  law enforcement;
 3-9                 (7)  senior citizens;
3-10                 (8)  the clergy; and
3-11                 (9)  nonprofit health organizations.
3-12           (e)  Any course materials and instruction relating to human
3-13     sexuality, sexually transmitted diseases, or human immunodeficiency
3-14     virus or acquired immune deficiency syndrome shall be selected by
3-15     the board of trustees [of a school district] with the advice of the
3-16     local school health education advisory council [established under
3-17     Subsection (e)] and must:
3-18                 (1)  present abstinence from sexual activity as the
3-19     preferred choice of behavior in relationship to all sexual activity
3-20     for unmarried persons of school age;
3-21                 (2)  devote more attention to abstinence from sexual
3-22     activity than to any other behavior;
3-23                 (3)  emphasize that abstinence from sexual activity, if
3-24     used consistently and correctly, is the only method that is 100
3-25     percent effective in preventing pregnancy, sexually transmitted
3-26     diseases, infection with human immunodeficiency virus or acquired
 4-1     immune deficiency syndrome, and the emotional trauma associated
 4-2     with adolescent sexual activity;
 4-3                 (4)  direct adolescents to a standard of behavior in
 4-4     which abstinence from sexual activity before marriage is the most
 4-5     effective way to prevent pregnancy, sexually transmitted diseases,
 4-6     and infection with human immunodeficiency virus or acquired immune
 4-7     deficiency syndrome; and
 4-8                 (5)  teach contraception and condom use in terms of
 4-9     human use reality rates instead of theoretical laboratory rates, if
4-10     instruction on contraception and condoms is included in curriculum
4-11     content.
4-12           (f) [(b)]  A school district may not distribute condoms in
4-13     connection with instruction relating to human sexuality.
4-14           (g) [(c)]  A school district that provides human sexuality
4-15     instruction may separate students according to sex for
4-16     instructional purposes.
4-17           (h) [(d)]  The board of trustees [of a school district] shall
4-18     determine the specific content of the district's instruction in
4-19     human sexuality, in accordance with Subsections (e) [(a)],
4-20     (f) [(b)], and (g) [(c)].
4-21           (i)  [A change in health curriculum content or instruction
4-22     may not be made before considering the recommendations of the local
4-23     health education advisory council.]
4-24           [(e)  A school district shall establish a local health
4-25     education advisory council to assist the district in ensuring that
4-26     local community values and health issues are reflected in the
 5-1     district's human sexuality instruction.]
 5-2           [(f)  The council's duties include:]
 5-3                 [(1)  recommending appropriate grade levels for human
 5-4     sexuality instruction;]
 5-5                 [(2)  recommending the methods of instruction to be
 5-6     used by a teacher in human sexuality instruction education; and]
 5-7                 [(3)  recommending the number of hours of instruction
 5-8     to be provided in health education.]
 5-9           [(g)  The council:]
5-10                 [(1)  must include persons who represent diverse views
5-11     in the community about human sexuality instruction;]
5-12                 [(2)  must include parents of students enrolled in the
5-13     district as a majority of the council; and]
5-14                 [(3)  may include teachers, school administrators,
5-15     students, health care professionals, members of the business
5-16     community, law enforcement representatives, senior citizens,
5-17     clergy, or other interested persons.]
5-18           [(h)]  A school district shall notify a parent of each
5-19     student enrolled in the district of:
5-20                 (1)  the basic content of the district's human
5-21     sexuality instruction to be provided to the student; and
5-22                 (2)  the parent's right to remove the student from any
5-23     part of the district's human sexuality instruction.
5-24           (j) [(i)]  A school district shall make all curriculum
5-25     materials used in the district's human sexuality instruction
5-26     available for reasonable public inspection.
 6-1           SECTION 3.  Chapter 38, Education Code, is amended by adding
 6-2     Sections 38.013 and 38.014 to read as follows:
 6-3           Sec. 38.013.  COORDINATED HEALTH PROGRAM FOR ELEMENTARY
 6-4     SCHOOL STUDENTS.  (a)  The agency shall make available to each
 6-5     school district a coordinated health program designed to prevent
 6-6     obesity, cardiovascular disease, and Type II diabetes in elementary
 6-7     school students.  The program must provide for coordinating:
 6-8                 (1)  health education;
 6-9                 (2)  physical education and physical activity;
6-10                 (3)  nutrition services; and
6-11                 (4)  parental involvement.
6-12           (b)  The agency shall notify each school district of the
6-13     availability of the program.
6-14           Sec. 38.014.  IMPLEMENTATION OF COORDINATED HEALTH PROGRAM
6-15     FOR ELEMENTARY SCHOOL STUDENTS.  (a)  Each school district shall:
6-16                 (1)  participate in appropriate training for the
6-17     implementation of the program approved by the agency under Section
6-18     38.013; and
6-19                 (2)  implement the program in each elementary school in
6-20     the district.
6-21           (b)  The agency, in cooperation with the Texas Department of
6-22     Health, shall adopt a schedule for regional education service
6-23     centers to provide necessary training under this section.
6-24           SECTION 4.  This Act applies beginning with the 2001-2002
6-25     school year.
6-26           SECTION 5.  Not later than September 1, 2007, each school
 7-1     district must participate in the training required by Section
 7-2     38.014, Education Code, as added by this Act.
 7-3           SECTION 6.  This Act takes effect immediately if it receives
 7-4     a vote of two-thirds of all the members elected to each house, as
 7-5     provided by Section 39, Article III, Texas Constitution.  If this
 7-6     Act does not receive the vote necessary for immediate effect, this
 7-7     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 19 passed the Senate on
         April 11, 2001, by the following vote:  Yeas 29, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendments on May 26, 2001, by the following vote:  Yeas 30,
         Nays 0, one present not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 19 passed the House, with
         amendments, on May 23, 2001, by the following vote:  Yeas 142,
         Nays 0, two present not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor