S.B. No. 474
AN ACT
relating to an interim study on nutrition and health in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LEGISLATIVE FINDINGS. The legislature finds
that:
(a) Childhood obesity has reached epidemic levels in Texas.
More than 28.6 percent of low-income children between the ages of 2
and 5 are obese. Approximately 38.7 percent of fourth-graders,
37.1 percent of eighth-graders, and 29.4 percent of
eleventh-graders are overweight or obese. Child obesity rates in
Texas are generally believed to be increasing even faster than the
national rate, which has more than doubled over the last two
decades.
(b) The incidence of childhood obesity and its serious
health consequences reach across all racial, ethnic, and
socioeconomic classes, and children who are overweight at age 12
have a 75 percent risk of being overweight as adults.
(c) Overweight and obese children are at higher risk for
serious long-term health problems, including Type II diabetes,
cardiovascular disease and stroke, hypertension, high blood
pressure, gallbladder disease, asthma, and certain cancers.
(d) Sixty-two percent of all deaths in Texas result from
four chronic diseases--heart disease, cancer, stroke, and
diabetes--and health care experts agree that one of the most
effective ways of preventing these chronic diseases is to establish
in childhood habits of healthy eating and physical exercise that
people can maintain throughout their lives.
(e) The Texas State Strategic Health Partnership, under the
leadership of the commissioner of public health, adopted "healthy
eating and physical exercise" as its top public health priority for
this decade in its "Declaration for Health."
(f) Healthy eating plays an important role in learning and
cognitive development in children. Studies and pilot programs
across the nation and in Texas have demonstrated that children who
are well-nourished and physically fit are more likely to be
academically motivated and successful, as evidenced by improved
standardized test scores, increased attention and retention,
better school attendance, less tardiness, better behavior, fewer
disciplinary referrals, and reduced drop-out rates.
(g) The school environment plays a highly influential role
in a child's diet, as a child who eats a school breakfast and lunch
that meet the nutritional standards established by the United
States Department of Agriculture for the National School Breakfast
and National School Lunch Programs will receive 60 percent of the
child's average daily nutritional needs.
(h) In the 2001-2002 school year, 85 percent of Texas
schools and 99 percent of Texas school districts offered the
National School Breakfast Program, and of the 4.1 million Texas
students in grade levels kindergarten through 12, approximately 2.4
million, or 59 percent, participated in the National School Lunch
Program, while only one million, or 24 percent, enjoyed the
benefits of the National School Breakfast Program.
(i) While the United States Department of Agriculture
regulates the nutrient content of meals sold under its reimbursable
meal programs, similar standards do not exist for "competitive
foods" which are frequently sold outside of the department meal
programs through vending machines and other means of sale and which
are often very high in added sugar, sodium, and fat, and lacking
even minimal nutritional value.
(j) In 2001, the Texas Legislature recognized the serious
challenge to public health resulting from poor eating habits and
lack of exercise by enacting Senate Bill No. 19 to encourage and
assist in the establishment in all public schools programs of
nutrition education and minimal standards of physical education.
SECTION 2. JOINT INTERIM COMMITTEE. (a) A joint interim
committee is established for the purposes of this Act and is
composed of the following members:
(1) the commissioner of education;
(2) the commissioner of public health;
(3) the commissioner of agriculture;
(4) three members of the senate, appointed by the
lieutenant governor;
(5) three members of the house of representatives,
appointed by the speaker of the house of representatives;
(6) one physician who provides health services to
school-aged children, appointed by the governor;
(7) one member who has expertise in nutrition,
appointed by the governor;
(8) one member who is a parent of a school-aged child,
appointed by the governor;
(9) one member who is a superintendent of schools or a
school principal, appointed by the governor;
(10) a school food service director, appointed by the
governor; and
(11) a representative of a statewide, voluntary
membership organization representing school district boards of
trustees who is an elected public school trustee, appointed by the
governor.
(b) To the extent that funds are available, the interim
committee shall hold hearings throughout the state to:
(1) determine the nutritional content and quality of
foods and beverages served to public school children, including
food service meals, a la carte foods, and competitive foods and food
provided in vending machines;
(2) evaluate the short-term and long-term financial,
psychological, and physiological impact of obesity in public school
children;
(3) assess the academic, emotional, and health value
of a universal breakfast and lunch program by evaluating school
children from school districts that provide each child a free or
reduced-price breakfast and lunch; and
(4) evaluate school contracts relating to competitive
food products and vending machines, including the following issues
related to competitive food products and vending machines:
(A) economic and other impacts of potential
conflicts of interest;
(B) the length of contracts;
(C) advertising and marketing of competitive
food products;
(D) revenues realized by schools and school
districts from the sale of competitive food products;
(E) officials in charge of receiving and
disbursing revenue and the accounting of that revenue; and
(F) the extent to which competitive foods impact
each school district's food service program.
(c) The interim committee may consult with the School Health
Advisory Committee to carry out its duties.
SECTION 3. REPORT. To the extent that funds are available,
not later than October 1, 2004, the interim committee shall submit
to the governor, the lieutenant governor, and the speaker of the
house of representatives a report of the committee's findings and
recommendations under this Act.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 474 passed the Senate on
May 14, 2003, by a viva-voce vote; May 30, 2003, Senate refused to
concur in House amendment and requested appointment of Conference
Committee; May 31, 2003, House granted request of the Senate;
June 1, 2003, Senate adopted Conference Committee Report by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 474 passed the House, with
amendment, on May 28, 2003, by a non-record vote; May 31, 2003,
House granted request of the Senate for appointment of Conference
Committee; June 1, 2003, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor