1-1     By:  Nelson, et al.                                     S.B. No. 19
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     April 2, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 2, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 19                    By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the improvement of children's health through daily
1-11     physical activity in public schools and a coordinated approach by
1-12     public schools to prevent obesity and certain diseases.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 28.002, Education Code, is amended by
1-15     adding Subsection (l) to read as follows:
1-16           (l)  The State Board of Education by rule may require a
1-17     student enrolled in kindergarten or a grade level below grade seven
1-18     in an elementary school setting to participate in daily physical
1-19     activity as part of a school district's physical education
1-20     curriculum.  If the board adopts rules under this subsection, the
1-21     board must provide for an exemption for a student who is unable to
1-22     participate in daily physical activity because of illness or
1-23     disability.
1-24           SECTION 2.  Chapter 38, Education Code, is amended by adding
1-25     Section 38.013 to read as follows:
1-26           Sec. 38.013.  COORDINATED HEALTH PROGRAM FOR ELEMENTARY
1-27     SCHOOL STUDENTS.  (a)  The agency shall make available to each
1-28     school district a coordinated health program designed to prevent
1-29     obesity, cardiovascular disease, and Type II diabetes in elementary
1-30     school students.  The program must provide for coordinating:
1-31                 (1)  health education;
1-32                 (2)  physical education and physical activity;
1-33                 (3)  nutrition services; and
1-34                 (4)  parental involvement.
1-35           (b)  The agency shall notify each school district of the
1-36     availability of the program.
1-37           SECTION 3.  This Act applies beginning with the 2001-2002
1-38     school year.
1-39           SECTION 4.  This Act takes effect immediately if it receives
1-40     a vote of two-thirds of all the members elected to each house, as
1-41     provided by Section 39, Article III, Texas Constitution.  If this
1-42     Act does not receive the vote necessary for immediate effect, this
1-43     Act takes effect September 1, 2001.
1-44                                  * * * * *