SRC-TAG S.B. 343 78(R)BILL ANALYSIS


Senate Research Center   S.B. 343
78R4333 CAS-DBy: Shapleigh
Education
3/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas faces an obesity health epidemic.  Two out of three
Texans are considered obese and the percentage has dramatically increased
during this last decade.  An estimated 40 percent of  Texas' 4th grade
students are obese and another 20 to 30 percent of all children are either
overweight or at risk of becoming overweight.  Moreover, the number one
risk factor for adult obesity is obesity in adolescence.  As proposed,
S.B. 343 seeks to further address the crisis of obesity in Texas' school
by limiting the amount of food and drink that do not meet federal
nutrition standards; creating an Obesity Prevention Coordinating Council;
establishing a service learning partnership between universities and
public schools in order to promote health and fitness in schools;
redirecting existing Texas Department of Health funds for school-based
health centers to place nurses in those school that have no health care
services; allowing school districts to designate schools that have
coordinated school health programs; and requiring the state to ensure that
the Children's Health Insurance Program, to the extent possible,
reimburses for obesity prevention program and treatment. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Education
in SECTION 4 (Section 28.008, Education Code) and in SECTION 9 ( Section
39.023, Education Code) of this bill. 

Rulemaking authority is expressly granted to the commissioner of public
health in SECTION 8 
(Sections 38.102 and 38.105, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.   Sets forth the purpose of this Act.

SECTION 2.  Amends Chapter 7B, Education Code, by adding Section 7.027, as
follows: 

Sec. 7.027.  INCENTIVES TO PROVIDE ACCESS TO SCHOOL CAMPUSES AFTER REGULAR
SCHOOL HOURS.  (a)  Requires the Texas Education Agency (TEA) to study
incentives that could be provided to the board of trustees of a school
district to adopt rules under Section 11.165 (Access to School Campuses)
or to otherwise provide access to school campuses after regular school
hours for indoor and outdoor recreational activities.  Requires TEA, based
on that study, to prepare a report recommending incentives.  

(b)  Requires TEA, by November 1, 2004, to submit a copy of the report
prepared under Subsection (a) to the speaker of the house of
representatives, the lieutenant governor, and the presiding officer of the
standing committees in the house and senate primarily responsible for
public education. 

  (c)  Provides that this section expires December 31, 2004.

SECTION 3.  (a)  Amends Section 28.004, Education Code, by adding
Subsections (d-1) and (k), as follows: 
 
(d-1)  Requires a school district to report to TEA concerning the
activities of  the local school health education advisory council,  in
accordance with rules adopted by the commissioner of education
(commissioner). 

(k)  Requires a school district's health education faculty to confer with
the district's science and physical education faculty, as directed by the
board of trustees of the district, in providing a comprehensive and
coordinated health education curriculum. Provides that the health
education curriculum in all grade levels in which health is a part of the
required curriculum must include the study of nutrition; fitness; and the
cause and effect of obesity. 

(b)  Provides that Section 28.004(k), Education Code, as added by
Subsection (a) of this section, applies at the beginning of the 2004-2005
school year. 

SECTION 4.  (a)  Amends Chapter 28A, Education Code, by adding Sections
28.008 and 28.009, as follows: 

Sec.  28.008.  PHYSICAL EDUCATION INSTRUCTION.  (a)  Requires the State
Board of Education (SBOE), after consulting with educators, parents, and
medical professionals, by rule to require a student enrolled in
kindergarten or a grade level below grade seven in an elementary school
setting to participate in daily physical activity as a part of a school's
district's physical education or curriculum or through structured activity
during a school's campus daily recess, except that SBOE may not require
more than 30 minutes of  daily physical activity. Requires the rules to
provide an exemption for student with an illness or a disability from
participating in daily physical activity. 

(b)  Requires each student enrolled in a middle school or junior high
school to participate in a physical education program as a part of the
curriculum for the student's grade level unless the student is unable to
participate due to an  illness or a disability. Requires the SBOE to adopt
rules for a school to use in determining whether a student is unable to
participate in a physical education program under this subsection.
Prohibits a student from substituting participation in a physical
education program by participating to any type of extracurricular
activity, including cheerleading or band.   

(c)  Requires the board by rule to ensure that the physical education
program meets certain conditions.  

Sec.  28.009.  FITNESS ASSESSMENTS; REPORT CARD.  (a)  Requires TEA to
adopt or develop physical fitness standards that the physical education
teacher can implement in the classes in order to assess the physical
fitness of students in kindergarten through grade 12. 

(b)  Requires each school district to use the standards to assess three
specific components of a student's physical fitness. 

(c)  Requires TEA, in adopting or developing the standards, and each
school, in administering the standards, as applicable, to ensure that
certain requirements are meet.  

(d)  Requires each school to distribute to each student whose physical
fitness is assessed using the standard adopted or developed under this
section a physical fitness report card based on the results of the
assessment.  Requires the fitness report card to meet certain
requirements. 

(b)  Requires, beginning with the 2003-2004 year, a student enrolled in
kindergarten or a grade level below grade seven in an elementary school
setting, to participate in daily physical activity provided by SBOE rules
adopted under Section 28.00(a) Education Code, as added by  Subsection (a)
of this section.  Requires, beginning with the 2004-2005 year, a student
enrolled in a middle school or junior high school to participate in a
physical education program as provided by Section 28.008(b), Education
Code, as added by Subsection (a) of this section.  

(c)  Requires  TEA, by July 1, 2004, to adopt or develop physical fitness
standards and requires the board of trustees of each school district to
establish the format for a physical fitness report card as provided by
Section 28.009, Education Code, as added by Subsection (a) of this
section.  Requires each district, at the beginning of the 2004-2005 year,
to use physical fitness diagnostic standards and distribute physical
fitness report card as provided by Section 28.009, Education Code, as
added by Subsection (a). 

SECTION 5.  (a)  Amends Chapter 29Z, Education Code, by adding Section
29.909, as follows: 

Sec. 29.909.  LONE STAR HEALTHY PLUS SCHOOL PROGRAMS.  (a)  Defines
"program." 

(b)  Authorizes a school district to provide a Lone Star Healthy Plus
School Program. 
 
(c)  Requires TEA to adopt a comprehensive list of objectives relating to
the promotion of the health of public school students, including
sufficient physical activity and good nutrition, that a  program must
include.  

(d)  Requires a school district, in developing or selecting a program, to
consult with a committee selected by the district that consists of certain
individuals. 

  (e)  Requires TEA to meet certain requirements.

(f)  Authorizes TEA to accept money from federal government and private
sources to use toward assisting school districts to implement programs
that include the objectives TEA adopts under Subsection (c).  

(b)  Requires TEA, by December 31, 2003, to develop a list of objectives
relating to the promotion of  the health of public school students as
required by Section 29.909 (c), Education Code, as added by Subsection (a)
of this section. 

SECTION 6.  Amends Section 38.013(a), Education Code, as added by Chapter
907, Acts of the 77th Legislature, Regular Session, 2001, as follows: 

(a)  Requires TEA, with the assistance of the Obesity Prevention
Coordinating Council, to make available to each school district a
coordinated health program designed to prevent obesity, cardiovascular
disease, and Type II diabetes in elementary school students.  

SECTION 7.  (a)  Amends Chapter 38A, Education Code, by adding Section
38.017, as follows:  

Sec. 38.017.  FOOD AND BEVERAGES OFFERED FOR SALE IN SCHOOLS.  (a)
Prohibits an elementary school from offering for sale at the school a food
or beverage  that is not a part of the regular school meal program
authorized under federal law, or permitting another person to do so.
Requires the school to provide an environment that promotes students'
healthful eating habits. 

(b)  Requires a part of an elementary or secondary school's regular meal
program to offer healthful entree portions and a variety of fruits and
vegetables of good quality. 

(c)  Prohibits a secondary school from offering for sale at the school a
snack food that  derive more than 10 percent of its calories from
saturated fat or contains more than 35 percent sugar or other added
sweetener by weight, or permitting another person to do so.  Prohibits the
school or another person from offering for sale soft drinks, sports
drinks, punch, iced tea, or any fruit juice beverage containing less than
50 percent fruit juice at the school.  Authorizes the school or another
person to offer for sale only certain beverages at the school.  

(d)  Requires TEA to work in cooperation with the United States Department
of Agriculture to ensure the implementation of this section.  

(e)  Provides that this section does not prohibit an elementary or
secondary school or another person from offering food or beverage during a
bake sale, carnival, supper or similar event held on occasional basis at
the school. 

(b)  Provides that Section 38.017, Education Code, as added by Subsection
(a) of this section, applies at the beginning of the 2003-2004 school
year.  

SECTION 8.  Amends Chapter 38, Education Code, by adding Subchapter C, as
follows: 

   SUBCHAPTER C.  FUNDING FOR SCHOOL NURSES

Sec.  38.101.  GRANTS TO EMPLOY SCHOOL NURSES.   Requires the commissioner
of public health to administer  a program under which grants are awarded
to assist school districts with the cost of employing school nurses in
accordance with this subchapter, subject to the availability of federal or
state appropriated funds. 

Sec.  38.102.  GRANT PROCEDURES.  Requires the commissioner of public
health, by the rules adopted in accordance with this subchapter, to
establish procedures for awarding grants. Requires the rules to provide
that  grants are awarded on an annual basis to school districts through a
competitive process. 

Sec.  38.103.  ELIGIBILITY FOR INITIAL GRANT.  (a)  Specifies that a
school district is eligible for a grant under this subchapter only if the
district, at the time of  initial application for the grant, does not
provide a health care program or health care service through school nurses
or school-based health clinics. 

(b)  Provides that this section does not prohibit the renewal of a grant
awarded under this subchapter. 

Sec.  38.104.  PARTICIPATION OF OTHER ENTITIES.  Authorizes a school
district to cooperate with a public or private institution of higher
education, clinic or other health care provider, or other entity to
participate in a program to employ a school nurse under this subchapter.
Authorizes the entity to meet certain objectives, in cooperation with the
school district. 

Sec.  38.105.  PROGRAM REQUIREMENTS.  (a)   Requires a program to employ a
school nurse funded through a grant awarded under this subchapter to be
designed to meet certain requirements.  

(b)  Requires the commissioner of public health to adopt rules
establishing standards for employment of school nurses funded through
grants that place a primary emphasis on delivery of health services and
secondary emphasis on population-based models that prevent emerging health
threats. 

Sec.  38.106.  MATCHING FUNDS; LIMITATIONS ON GRANTS.  (a)  Requires a
district to provide matching funds in accordance with rules adopted under
Section 38.102 (Grant Procedures), in order to be eligible to receive a
grant.  Authorizes the matching funds to be obtained from any source
available to the district, including in-kind contributions, community or
foundation grants, individual contributions, and local government agency
operating funds. 

(b)  Prohibits a school district from receiving more than $50,000 in a
state fiscal biennium through grants awarded under this subchapter. 

Sec.  38.107.  SURVEY RELATING TO SERVICES.  Requires the commissioner of
public health to require client surveys to be conducted in relation to the
services of nurses funded through grants awarded under this subchapter,
and requires the results of those surveys to be included in the annual
report required under Section 38.064, (Report to the Legislature). 

SECTION 9.  (a)  Amends Section 39.023(a), Education Code, as follows:

(a)  Requires TEA to adopt or develop appropriate criterion-referenced
assessment instruments designed to assess essential knowledge and skills
in health, in addition to other mandated subjects.  Requires all students,
except students assessed under Subsection (b) or (1) or exempted under
Section 39.027 (Exemptions),  to be assessed in certain school subject
areas  including health, annually in grades three to nine.  Makes
nonsubstantive changes. 

(b)  Requires SBOE, by December 31, 2003, to adopt rules for the
administration of assessment instruments designed to test essential
knowledge and skills in health education as provided by Section 39.023(a),
Education Code, as amended by Subsection (a) of this section. Requires the
SBOE, at the beginning of the 2004-2005 school year, to administer
assessment instruments in accordance with the rules adopted under this
subsection. 

SECTION 10.  Amends Chapter 61C, Education Code, by adding Section
61.0551, as follows: 

Sec. 61.0551.  COORDINATION OF NUTRITION AND PHYSICAL FITNESS PROGRAMS
WITH ELEMENTARY SCHOOLS.  (a)  Requires SBOE to develop procedures for
establishing a partnership or affiliation between a general academic
teaching institution and an elementary school to coordinate and promote
nutrition and physical fitness programs. 

(b)  Authorizes a general academic teaching institution, through a
partnership of  
affiliation established under Subsection (a), to develop, test, and
promote certain programs.  

SECTION 11.  (a)  Amends Chapter 62D, Health and Safety Code, by adding
Section 62.161, as follows: 
 
Sec. 62.161.  REIMBURSEMENT FOR PREVENTION AND TREATMENT OF OBESITY.  (a)
Requires the Health and Human Services Commission (HHSC) to periodically
examine and evaluate the degree to which services provided by health care
providers to children regarding the prevention and treatment of obesity
are covered under the child health plan. 

(b)  Requires the HHSC, based on the result of the examination and
evaluation required by Subsection (a), to take certain actions to promote
the availability of services relating to the prevention and treatment of
obesity for children under the child health plan. 

(b)  Requires the HHSC, by December 1, 2004, to prepare and submit a
report to the legislature regarding the results of the initial examination
and evaluation required by Section  62.161, Health and Safety Code, as
added by Subsection (a) of this section, and the HHSC's actions taken in
accordance with the requirements of Section 62.161. 

SECTION 12.  (a)  Amends Title 2E, Health and Safety Code, by adding
Chapter 112, as follows: 

CHAPTER 112.  OBESITY PREVENTION COORDINATING COUNCIL

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec.  112.001.  DEFINITION.  Defines "council."

Sec.  112.002.  COUNCIL.  Requires the Texas Department of Health (TDH)
and TEA to jointly establish and support the Obesity Prevention
Coordinating Council (council).  

 Sec.  112.003.  COMPOSITION; TERMS.  (a)  Provides that the council is
composed of  
 six members who serve staggered two year terms.  Provides that three
members' terms  expire February 1 of each year.  

(b)  Requires TDH and TEA to each appoint three members to the council.
Requires each member to be affiliated with a nonprofit or community
organization in this state that is concerned with the health of children
in this state or with the prevention or treatment of obesity or of one or
more diseases that are caused or aggravated by obesity. 

(c)  Provides that no two members may be affiliated with the same
nonprofit or community organization of a type described by Subsection (b),
except that members who are affiliated with different local or regional
nonprofit or community organizations of a type described by Subsection (b)
may be affiliated with the same statewide nonprofit or community
organization. 

(d)  Requires TDH and TEA to make appointments in a manner that provides a
balanced representation from this state's geographic regions. 

Sec.  112.004.  OFFICERS.  Requires the council to elect one of its
members to serve as presiding officer and another member to serve as
assistant presiding officer.  Authorizes the council to elect other
officers that it considers necessary. 

Sec 112.005.  MEETINGS.  Requires the council to meet at least quarterly
and authorizes it to meet more often at the call of its presiding officer. 

Sec.  112.006.  REIMBURSEMENT FOR EXPENSES.  Provides that a member of the
council is not entitled to compensation but is entitled to reimbursement
for the member's travel expenses as provided by Chapter 660 (Travel
Expenses), Government Code, and the General Appropriations Act. 

Sec.  112.007.  PERSONNEL AND FACILITIES.  Provides that TDH and TEA are
jointly responsible for  the  administration of the council.  Requires TDH
and TEA to adopt a memorandum of understanding that prescribes the extent
to which each agency, using existing staff and facilities, shall provide
the necessary staff and facilities to assist the council in perfoming its
duties.   

Sec.  112.008.  APPLICABILITY OF ADVISORY COMMITTEE LAW.  Provides that
Chapter 2110 (State Agency Advisory Committees), Government Code, does not
apply to the council. 

   [ Reserves Sections 112.009-112.050 for expansion.]
 
SUBCHAPTER B.  POWERS AND DUTIES

Sec.  112.051.  COORDINATION WITH STEERING COMMITTEE; STRATEGIC PLAN.
Requires the council to coordinate its activities with the Statewide
Obesity Task Force Steering Committee established by TDH.  Requires the
council, to the extent possible, to ensure that its activities are
consistent with the Strategic Plan for the Prevention of Obesity in Texas
issued by the task force steering committee. 

Sec.  112.052.  COORDINATED HEALTH PROGRAM FOR ELEMENTARY SCHOOL STUDENTS.
(a)  Requires the council to assist TEA in developing and facilitating the
implementation of the coordinated health program for elementary school
under Sections 38.013 (Coordinated Health Program for Elementary School
Students),  and 38.014 (Implementation of Coordinated Health Program for
Elementary School Students), Education Code, as added by Chapter 907, Acts
of the 77th Legislature, Regular Session, 2001.  

(b)  Requires the council to develop a plan, and requires TDH and TEA  to
follow the plan to periodically evaluate the progress made in implementing
the coordinated health program at all school districts in this state.
Requires the plan to involve obtaining information from the local school
health education advisory council for a school district in a manner that
is independent of the means used to obtain information from the school
district. 

Sec.  112.053.  CAMPAIGNS AND PROGRAMS.  Requires the council, working
with other appropriate public and private entities, to meet certain
objectives.  

Sec.  112.054.  COORDINATION WITH OTHER GOVERNMENT PROGRAMS. Requires the
council to assist appropriate federal, state, and local government
agencies to incorporate strategies to prevent or reduce childhood obesity
into government food assistance, health education, and recreation
programs. 

Sec.  112.055.  CONFERENCES AND RECOMMENDATIONS.  Requires the council to
work with other entities concerned with the prevention of obesity by
sponsoring meetings and conferences at which experts in nutrition,
exercise, public health, mental health, education, parenting, media
campaigns, food marketing, food security, agriculture, community planning,
and other relevant disciplines gather to examine solutions to the problem
of  childhood obesity and to propose recommendations for state policy and
guidelines for educators, parents, and other caregivers.  

Sec.  112.056.  GRANTS.  (a)  Authorizes the council to accept gifts,
grants, and donations to accomplish its purposes, including the making of
grants under  
 Subsection (b).

(b)  Authorizes the council, to the extent that state, federal, or private
funds are made available to the council for this purpose, to make grants
appropriate to public or private entities for the purpose of implementing
community-based program in order to prevent or reduce childhood obesity
that incorporate methods that the council considers to be efficient and
effective.  Requires the council to award each grant by contract.
Requires the contract to meet certain conditions. 

(b)  Requires terms of the initial members of the Obesity Prevention
Coordinating Council established as provided by Chapter 112, Health and
Safety Code, as added by Subsection (a) of this section, to be determined
by lot in which three members' terms expire February 1, 2005 and three
members' terms expire February 1, 2006. 

SECTION 13.  Repealer:  Section 28.002(l), Education Code (regarding
required curriculum), as  added by Chapter 907, Acts of the 77th
Legislature, Regular Session, 2001. 

SECTION 14.  Effective date: upon passage or September 1, 2003.