SRC-MSY S.B. 474 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 474
78R5144 BDH-FBy: Lucio et al.
Education
3/3/2003
As Filed


DIGEST AND PURPOSE 

Under current Texas law, no entity exists for the express purpose of
strengthening and improving programs aimed at promoting the nutritional
health of Texas schoolchildren.  In addition, current law does not provide
specific guidelines regarding the provision of foods to schoolchildren by
parties outside of the regular meal provision programs of a school
district.  As proposed, S.B. 474 creates the Nutrition and Health Advisory
Council and Fund and charges it with the responsibility to expand
mealprovision programs and upgrade nutritional standards for meals and
foods served in Texas public schools, including standards regarding
nutrition and physical education.  In addition, S.B. 474 places additional
restrictions on the provision of food by parties other than the school
district in those districts that participate in the school breakfast
programs.  Finally, the bill prohibits undue contact between a school
district employee or trustee and a food vendor seeking to provide food to
students in that district. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Sections 35.108 and  35.153, Education Code), and in SECTION
5 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2F, Education Code, by adding Chapter 35, as
follows: 

CHAPTER 35.  NUTRITION AND HEALTH
SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  35.001.  DEFINITIONS.  Defines "account" and "council."

Sec.  35.002.  BREAKFAST PROGRAMS.  (a)  Requires the governing body of a
school district or open-enrollment charter school to provide the benefits
of the national school breakfast program under the Child Nutrition Act of
1966 to all eligible students, if at least 10 percent of the students in
one or more schools in the district or open-enrollment charter school are
eligible for free or reduced-price breakfasts under that Act. 

(b)  Prohibits state money used to implement this section from exceeding
the amount available for that purpose in the account, subject to
legislative appropriation. 

[Reserves sections 35.003-35.050 for expansion]

SUBCHAPTER B.  SCHOOLCHILDREN'S NUTRITION AND HEALTH ADVISORY COUNCIL

Sec.  35.051.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  (a)  Specifies
the composition of the 12-member council. 

 (b)  Provides that public members of the council serve staggered six-year
terms with the terms of one-third of the members expiring February 1 of
each odd-numbered year. 

Sec.  35.052.  COMPENSATION; REIMBURSEMENT.  (a)  Prohibits a member of
the council from receiving compensation for service on the council and
receiving reimbursement for travel expenses except as provided by
Subsection (b). 

(b)  Authorizes the commissioner to allow reimbursement of travel expenses
incurred by a member while conducting the business of the council if the
commissioner finds on application of the member that travel for council
business imposes a financial hardship on the member. 

Sec.  35.053.  OPERATION OF COUNCIL.  Requires council members to elect a
member to serve as presiding officer each year.  Requires the council to
meet at least quarterly. Authorizes the council to appoint consultants and
advisory committees.  Provides that the council is administratively
attached to the Texas Education Agency (TEA), and requires TEA to provide
the council with the necessary staff and facilities. 

Sec.  35.054.  GIFTS, GRANTS, DONATIONS.  Requires the council to seek
gifts, grants, and donations from appropriate entities.  Authorizes the
council to accept such gifts, grants, or donations to carry out the
purposes of this subchapter.  Requires all such monetary acquisitions to
be deposited to the credit of the account. 

Sec.  35.055.  REPORTS.  Requires the council to report to certain
officials by November 15 of each year on the activities of the council
during the preceding fiscal year.  Requires the council to report to
certain other officials by January 15 of each odd-numbered year on the
activities of the council during the preceding two calendar years. 

Sec.  35.056.  GENERAL POWERS AND DUTIES.  (a)  Requires the council to
develop a plan to improve the nutritional health of schoolchildren.
Requires the plan to include certain recommendations aimed at reducing
certain diet-related health problems among schoolchildren. 

(b)  Sets forth the duties and activities of the council.

(c)  Authorizes the council to contract to provide a grant to a public or
private entity to carry out the purposes of this subchapter, if funds are
available for that purpose. Requires such a contract to make certain
specifications. 

Sec.  35.057.  COLLECTION AND ANALYSIS OF HEALTH INFORMATION. Requires the
council to obtain information related to schoolchildren's nutritional
health from various sources, and analyze the information, including
certain topics. 

Sec.  35.058.  INFORMATION RECEIVED FROM STATE AGENCY; CONFIDENTIALITY.
Authorizes the council to request information from a state agency in order
to perform its duties under this chapter.  Provides that information thus
provided is subject to any restriction on disclosure or use of information
that is imposed by law on the agency providing the information.  In
addition, provides that information in possession of the council that
identifies an individual or is otherwise confidential is excepted from
required public disclosure under Chapter 552, Government Code, and may not
be disclosed for any purpose. 

[Reserves sections 35.059-35.100 for expansion]

SUBCHAPTER C.  SCHOOL FOOD REQUIREMENTS

Sec.  35.101.  DEFINITIONS.  Defines "competitive food," "meal service
period," and  "participating school district." 

Sec.  35.102.  ACCESS TO COMPETITIVE FOODS RESTRICTED.  Provides that this
section only applies to a school campus that participates in the national
school breakfast, lunch, or after-school snack program.  Prohibits an
elementary school from serving or providing access to a competitive food
at any time.  Authorizes a middle or junior high school campus to serve or
provide access to a competitive food only after the end of the regular
school day. Authorizes a high school campus to serve or provide access to
a competitive food only after the final meal service period of the day.
Prohibits a middle, junior high, or high school from serving or providing
access to a competitive food that does not meet certain nutritional
standards. Prohibits a middle, junior high, or high school to provide
student access to a competitive food using a vending machine unless the
vending machine is rendered inoperative during the appropriate periods. 

Sec.  35.103.  SCHOOL MEAL NUTRITION STANDARDS POLICY.  (a)  Requires each
participating school district to adopt a written policy that prohibits the
availability or service of certain foods and encourages the adoption of
menus recommended by TEA. 

(b)  Exempts a student from a policy adopted under this section if a
licensed health care practitioner provides written notice to the school
district or campus that the policy is detrimental to the student's health. 

(c)  Requires each participating school district to adopt the written
policy required by Subsection (a) after a public hearing held by the
district's board of trustees.  Requires the district to provide public
notice of the hearing at least 10 days before the hearing date. 

(d)  Provides that a policy adopted under this section is public
information under Chapter 552, Government Code, and is required to be
available to the public at the offices of each participating school
district and each appropriate campus. 

Sec. 35.104.  CONSULTATION AND TECHNICAL ASSISTANCE.  Authorizes a
participating school district to contract with certain individuals or
entities for technical assistance or consultation regarding compliance
with federal or state standards governing school meals. 

Sec.  35.105.  CONFLICTS OF INTEREST PROHIBITED.  Prohibits an employee or
member of the board of trustees of a participating school district from
having a pecuniary interest in an agreement to which the district or
campus is a party if the agreement relates to a food product that is
purchased by the district or campus or served or accessible to students in
the district. 

Sec.  35.106.  GENERAL POWERS AND DUTIES OF PARTICIPATING SCHOOL DISTRICT.
(a)  Requires each participating school district to: adopt a written
policy governing various aspects of programs providing food to the
districts students; prepare an annual written evaluation of the meals
served by campuses in the district detailing the level of compliance with
this chapter; and prepare an annual report that details certain
information regarding the sale of competitive foods in the district or its
campuses. 

(b)  Requires each participating school district to adopt the written
policy required by Subsection (a)(1) following a public hearing held by
the board of trustees of the district. Requires the district to provide
notice of the hearing at least ten days before the hearing date. 

(c)  Provides that a policy adopted under this section is public
information under Chapter 552, Government Code, and is required to be
available to the public at the  offices of each participating school
district and each appropriate campus. 

Sec.  35.107.  GENERAL POWERS AND DUTIES OF AGENCY.  Requires TEA, with
the assistance of the council, to adopt certain standards and develop
certain tools and programs pertaining to schoolchildren's nutrition and
the provision of meals. 

Sec.  35.108.  ADOPTION OF RULES AND RECOMMENDATIONS.  Authorizes the
commissioner of education (commissioner) to adopt rules necessary to
implement this subchapter.  Requires the commissioner to consult with the
council before adopting any rule or recommendation under this subchapter
that relates to nutrition. 

[Reserves sections 35.109-35.150 for expansion]

SUBCHAPTER D.  SCHOOLCHILDREN'S NUTRITION AND HEALTH ACCOUNT

Sec.  35.151.  COMPOSITION OF ACCOUNT.  Provides that the schoolchildren's
nutrition and health account exists as a separate account in the general
revenue fund.  Specifies that the account consists of money from certain
sources.  Requires money deposited to the account to be used only for the
purposes described by Section 35.152. 

Sec.  35.152.  USE OF ACCOUNT.  (a)  Requires the account and any federal
matching funds to be used only to expand, support, and maintain
participation in the national school breakfast program, except as
otherwise provided by this section or legislative appropriation. 

(b)  Authorizes gifts, grants, and donations deposited to the credit of
the account to be used to pay the costs of administering the council,
including certain travel reimbursement costs. 

(c)  Requires any annual account balance remaining after meeting the
requirements of Subsections (a) and (b) to be used to fund
schoolchildren's nutrition and health activities as specified. 

(d)  Authorizes the council to make recommendations concerning the
allocation of money in the account to any governmental entity. 

Sec.  35.153.  RULES.  Authorizes the commissioner to adopt any reasonable
and necessary rules to carry out the purposes of this subchapter. 

SECTION 2.  Repealer:  Section 33.901 (Breakfast Programs), Education Code.

SECTION 3.  Specifies the terms of the initial members of the council, to
be appointed by the governor, lieutenant governor, and commissioner. 

SECTION 4.  Requires a school district with at least one campus that
participates in the national school breakfast, lunch, or after-school
snack programs to adopt the policy required by Section 35.106, Education
Code, by March 1, 2004. 

SECTION 5.  Requires the commissioner to adopt any rules necessary to
implement this act as soon as practicable after September 1, 2003.
Requires a state or local government entity to request a waiver or
authorization from a federal agency upon determining that such a waiver is
necessary to implement a provision of this Act, and authorizes the entity
to delay the implementation of that provision until the waiver or
authorization is granted. 

SECTION 6.  Effective date:  September 1, 2003.