SRC-TAG C.S.S.B. 1357 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1357
78R12667 CAS-FBy: Nelson
                  Education
4/25/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Current law lacks measures to implement the requirement of physical
activities for elementary school children.  C.S.S.B. 1357 establishes
local school health advisory councils to coordinate health curriculum
components in a coordinated school health program for the district.
C.S.S.B 1357 also requires the commissioner of education to include in an
annual report information regarding weekly physical activity for
elementary school students, the frequency with which each district's
school health advisory committee has met, campus compliance with the Texas
Education Agency (TEA) policy regarding vending machines and  food
services guidelines, and whether districts have adopted and enforced
anti-tobacco policies.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 3 (Section 38.013, Education Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Section 28.004, Education Code, to read
as follows: 

Sec.  28.004.  LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND HEALTH EDUCATION
INSTRUCTION. 

SECTION 2.  Amends Section 28.004, Education Code, by amending Subsections
(a)-(e) and adding Subsection (k), as follows: 

(a)  Requires the board of trustees of each school district to establish a
local school health advisory council, rather than local school health
education advisory council, to assist the district in ensuring that local
community values are reflected in the district's health education
instruction. 

 (b)  Makes a conforming change.

(c)  Provides that the local health advisor council's duties include
making certain recommendation. 

 (d)  Makes a conforming change.

 (e)  Makes a conforming change.

(k)  Requires a school district to make certain information available for
reasonable public inspection. 

SECTION 3.  Amends Section 38.013, Education Code, as added by Chapter
907, Acts of the 77th Legislature, Regular Session, 2001, as follows: 

 (a)   Requires the Texas Education Agency (TEA) to make available to each
school district one or more coordinated health programs designed to
prevent obesity, cardiovascular disease, and Type 2 diabetes in elementary
school students.  Requires each program to provide for coordinating health
education; physical education and physical  activity; nutrition services;
and parental involvement.  Makes nonsubstantive changes. 

(a-1)  Requires the commissioner of education (commissioner) by rule to
adopt criteria for evaluating a coordinated health program before making
the program available under Subsection (a).  Requires the commissioner,
before adopting criteria, to request review and comment concerning the
criteria from the Texas Department of Health's School Health Advisory
Committee.  Authorizes the commissioner to make available under Subsection
(a) only those programs that meet criteria adopted under this subsection. 

(b)  Requires TEA to notify each school district of the availability of
the programs. Makes a nonsubstantive change. 

SECTION 4.  Effective date: September 1,2003.