78R5144 BDH-F
By: Lucio S.B. No. 474
A BILL TO BE ENTITLED
AN ACT
relating to nutrition and health programs for public school
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 35 to read as follows:
CHAPTER 35. NUTRITION AND HEALTH
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 35.001. DEFINITIONS. In this chapter:
(1) "Account" means the schoolchildren's nutrition and
health account described by Subchapter D.
(2) "Council" means the Schoolchildren's Nutrition and
Health Advisory Council described by Subchapter B.
Sec. 35.002. BREAKFAST PROGRAMS. (a) If at least 10
percent of the students enrolled in one or more schools in a school
district or enrolled in an open-enrollment charter school are
eligible for free or reduced-price breakfasts under the national
school breakfast program provided for by the Child Nutrition Act of
1966 (42 U.S.C. Section 1773) and its subsequent amendments, the
governing body of the district or the open-enrollment charter
school shall participate in the program and make the benefits of the
program available to all eligible students in the schools or
school.
(b) Subject to legislative appropriation, state money used
to implement this section may not exceed the amount available for
that purpose in the account.
[Sections 35.003–35.050 reserved for expansion]
SUBCHAPTER B. SCHOOLCHILDREN'S NUTRITION AND HEALTH ADVISORY
COUNCIL
Sec. 35.051. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a)
The Schoolchildren's Nutrition and Health Advisory Council is
composed of the following 12 members:
(1) the commissioner of education, or the
commissioner's designee;
(2) the commissioner of public health, or the
commissioner's designee;
(3) the commissioner of agriculture, or the
commissioner's designee;
(4) the following public members appointed by the
governor:
(A) a school nurse;
(B) a licensed or registered dietitian employed
by a school district; and
(C) a parent or guardian of a public school
student attending a school that participates in the national school
breakfast, school lunch, or after-school snack program;
(5) the following public members appointed by the
lieutenant governor:
(A) a physician;
(B) a person with expertise in the development of
health education programs in public schools; and
(C) a licensed or registered dietitian engaged in
the clinical practice of dietetics or in the teaching of dietetics
or nutrition at an institution of higher education in this state;
and
(6) the following public members appointed by the
commissioner of education from a list provided by the speaker of the
house of representatives:
(A) a school food service director;
(B) a school superintendent or principal; and
(C) a representative of a statewide, voluntary
membership organization representing school district boards of
trustees.
(b) 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) A member of
the council may not receive compensation for service on the council
and, except as provided by Subsection (b), may not be reimbursed for
travel expenses incurred while conducting the business of the
council.
(b) The commissioner may authorize reimbursement of the
travel expenses incurred by a member while conducting the business
of the council, as provided in the General Appropriations Act, 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. (a) The members of the
council shall annually elect a member to serve as presiding
officer.
(b) The council shall meet at least quarterly.
(c) The council may appoint:
(1) consultants to the council; and
(2) advisory committees under Chapter 2110,
Government Code.
(d) The council is administratively attached to the agency.
The agency shall provide the necessary staff and facilities to
assist the council in performing its duties.
Sec. 35.054. GIFTS, GRANTS, DONATIONS. (a) The council
shall seek and may accept gifts, grants, and donations from
appropriate nonprofit foundations, governmental entities, and
other sources.
(b) The agency may accept gifts, grants, or donations from
any source to carry out the purposes of this subchapter.
(c) All gifts, grants, and donations of money accepted under
this section shall be deposited to the credit of the account.
Sec. 35.055. REPORTS. (a) Not later than November 15 of
each year, the council shall report to the commissioner of
education, the commissioner of agriculture, and the commissioner of
public health on the activities of the council during the preceding
fiscal year.
(b) Not later than January 15 of each odd-numbered year, the
council shall report to the lieutenant governor and the speaker of
the house of representatives on the activities of the council
during the preceding two calendar years.
Sec. 35.056. GENERAL POWERS AND DUTIES. (a) The council
shall develop a resource-efficient plan designed to improve the
nutritional health of schoolchildren. The plan must include
recommendations for activities and programs designed to reduce:
(1) the morbidity, mortality, and economic burden of
childhood obesity;
(2) the incidence of diabetes; and
(3) the incidence of cardiovascular disease.
(b) The council shall:
(1) make recommendations to the agency, the Texas
Department of Health, the Department of Agriculture, and other
appropriate state and local governmental entities regarding
implementation of the plan adopted under Subsection (a) and any
other children's nutrition plan in this state;
(2) promote participation in the national school
breakfast and school lunch programs;
(3) review current standards governing the
nutritional content of meals served under the national school
breakfast and school lunch programs and recommend appropriate
changes in meal content standards and other related standards and
practices, including recommendations related to meal service
schedules and meal content designed to aid in the prevention of
childhood obesity, Type II diabetes, cardiovascular disease, and
related long-term health problems;
(4) develop program and curriculum changes designed to
improve nutrition education in public schools in coordination with
the national school breakfast and school lunch programs and other
child health education and promotion programs offered by state and
local entities, including programs offered by the Texas Department
of Health, with special emphasis on the prevention of childhood
obesity, Type II diabetes, cardiovascular disease, and related
long-term health problems;
(5) develop the nutrition services component of
coordinated health programs for elementary students under Section
38.014;
(6) develop programs designed to expand the use of
Texas agricultural products in school breakfast and school lunch
program meals to:
(A) improve the quality, nutritional content,
and cost-efficiency of the meals; and
(B) promote Texas agriculture, with special
emphasis on fresh Texas-grown fruits and vegetables;
(7) coordinate activities with other governmental
entities of this state that are involved in the nutritional health
of children, including the Texas Diabetes Council, the Council on
Cardiovascular Disease and Stroke, and the Texas Cancer Council;
(8) identify for health care providers, employers,
schools, community health centers, and other groups the benefits of
encouraging healthy nutrition practices and comprehensive
nutrition education for children and the community;
(9) recognize innovative and effective programs
designed to prevent childhood obesity, Type II diabetes,
cardiovascular disease, and related long-term health problems;
(10) assist the agency, school districts, the Texas
Department of Health, public health districts, and health
authorities in promoting a public school curriculum that includes
physical, nutrition, and health education relating to the
prevention of childhood obesity, Type II diabetes, cardiovascular
disease, and related long-term health problems; and
(11) evaluate and enhance the implementation,
cost–efficiency, and effectiveness of the programs and
recommendations developed under this subchapter.
(c) To the extent that funds are available for the purpose,
the council may by contract provide a grant to a public or private
entity to carry out the purposes of this subchapter. A contract
under this subsection must specify:
(1) the methods to be used in the program funded by the
grant to improve schoolchildren's nutritional health;
(2) a method of accounting for all grant funds
received by the entity; and
(3) any inspections and reports the council determines
necessary to evaluate the success of the program.
Sec. 35.057. COLLECTION AND ANALYSIS OF HEALTH
INFORMATION. The council shall obtain from state and federal
agencies and private and public organizations information related
to schoolchildren's nutritional health, obesity, Type II diabetes,
cardiovascular disease, and related long-term health problems at
the state and regional level and, to the extent practicable, at the
local level. The council shall analyze information obtained under
this section, including any information related to behavioral risk
factors, morbidity and mortality rates, and community indicators
related to the health care conditions and diseases.
Sec. 35.058. INFORMATION RECEIVED FROM STATE AGENCY;
CONFIDENTIALITY. (a) To perform its duties under this chapter,
the council may request and receive information in the possession
of a state agency. In addition to the restriction imposed by
Subsection (b), information provided to the council under this
subsection is subject to any restriction on disclosure or use of the
information that is imposed by law on the agency that provides the
information.
(b) Information in the possession of the council that
identifies an individual or that is otherwise confidential under
state or federal law is confidential, is excepted from required
public disclosure under Chapter 552, Government Code, and may not
be disclosed for any purpose.
[Sections 35.059–35.100 reserved for expansion]
SUBCHAPTER C. SCHOOL FOOD REQUIREMENTS
Sec. 35.101. DEFINITIONS. In this subchapter:
(1) "Competitive food" means a food or beverage
provided or made available to students in a participating school
other than that provided or made available by the school's food
service department, including a food or beverage provided or made
available under the national school breakfast, school lunch, or
after-school snack program.
(2) "Meal service period" means the time designated
for serving and eating a meal on a school campus.
(3) "Participating school district" means a school
district in which at least one school campus participates in the
national school breakfast, school lunch, or after-school snack
program.
Sec. 35.102. ACCESS TO COMPETITIVE FOODS RESTRICTED. (a)
This section applies only to a school campus that participates in
the national school breakfast, school lunch, or after-school snack
program.
(b) An elementary school campus may not serve or provide
access to a competitive food at any time.
(c) A middle school or junior high school campus may serve
or provide access to a competitive food only after the end of the
regular school day.
(d) A high school campus may serve or provide access to a
competitive food only after the final meal service period of the
day.
(e) A middle school, junior high school, or high school
campus may not serve or provide access to a competitive food unless
the food meets the nutrition standards described by this subchapter
and rules adopted by the commissioner under this subchapter.
(f) A middle school, junior high school, or high school
campus may provide students access to a competitive food using a
vending machine or similar automated machine only if the machine is
rendered inoperative by a timing device or other method during the
periods in which access to the food is prohibited under this
section.
Sec. 35.103. SCHOOL MEAL NUTRITION STANDARDS POLICY. (a)
In addition to the nutrient content standards required by federal
law, each participating school district shall adopt a written
policy that:
(1) prohibits the service or availability to students
of:
(A) whole milk, except that a school district or
campus may provide whole milk for use by children not older than two
years of age;
(B) food products containing excessive amounts
of fat per serving, as determined by the commissioner; and
(C) other food products prohibited by rules
adopted by the commissioner; and
(2) encourages the adoption of menus recommended by
the agency that:
(A) increase the weekly servings of fresh fruit
and vegetables;
(B) increase the weekly servings of whole grain
foods; and
(C) satisfy other specific meal standards, as
determined by the commissioner.
(b) A policy adopted under this section does not apply to a
student if a physician or other health care practitioner licensed
by this state provides written notice to the participating school
district or campus that the policy is detrimental to the student's
health.
(c) Each participating school district shall adopt the
written policy required by Subsection (a) following a public
hearing held by the board of trustees of the district. The district
shall provide notice of the hearing to the public not later than the
10th day before the date of the hearing.
(d) A policy adopted under this section is public
information under Chapter 552, Government Code, and shall be made
readily available to the public at the offices of each
participating school district and each appropriate campus in the
district.
Sec. 35.104. CONSULTATION AND TECHNICAL ASSISTANCE. A
participating school district may contract with a licensed or
registered dietitian or a regional education service center for
technical assistance or consultation regarding compliance with
federal or state standards governing school meals.
Sec. 35.105. CONFLICT OF INTEREST PROHIBITED. An employee
of or a member of the board of trustees of a participating school
district may not have a pecuniary interest in an agreement to which
the district or a campus in the district is a party if the agreement
relates to a food product:
(1) purchased by the district or campus; or
(2) served or accessible to students in the district.
Sec. 35.106. GENERAL POWERS AND DUTIES OF PARTICIPATING
SCHOOL DISTRICT. (a) Each participating school district shall:
(1) adopt a written policy governing:
(A) the advertising or marketing of food products
on the campuses, on the property, and in the facilities of the
district;
(B) the nutritional content and quality of the
meals served in the district under a school meal program, provided
that the policy must be consistent with the policy required by
Section 35.103;
(C) the duration and scheduling of school meal
service periods;
(D) the coordination of school meal programs with
the school nutrition and physical education curricula and programs;
and
(E) any programs and procedures designed to
assure compliance with school meal policies and applicable federal
and state standards;
(2) at least annually, prepare a written evaluation of
the meals served by school campuses in the district, detailing the
level of compliance with this chapter; and
(3) prepare an annual report that includes the
following details of each agreement between the district or a
school campus in the district and a person engaged in the sale of
competitive foods in the district or on the campus:
(A) the parties to the agreement;
(B) the terms of the agreement;
(C) the specific use contemplated by the
agreement for any revenue or other money received by the district or
campus under the agreement;
(D) the district or campus official responsible
for the receipt and disbursement of revenue or other money received
by the district or campus under the agreement;
(E) an accounting of all revenue and other money
received and disbursed by the district or campus under the
agreement during the school year preceding the report; and
(F) a cumulative accounting of all revenue and
other money received and disbursed by the district or campus under
the agreement after the effective date of the agreement.
(b) Each participating school district shall adopt the
written policy required by Subsection (a)(1) following a public
hearing held by the board of trustees of the district. The district
shall provide notice of the hearing to the public not later than the
10th day before the date of the hearing.
(c) Each policy and report of a participating school
district under this section is public information under Chapter
552, Government Code, and shall be made readily available to the
public at the offices of the district and appropriate school
campuses in the district.
Sec. 35.107. GENERAL POWERS AND DUTIES OF AGENCY. The
agency, with the assistance of the council, shall:
(1) subject to Section 35.102, adopt standards
governing the competitive foods that may be served or made
accessible to students during the school day, including any
competitive food that positively contributes to a student's
recommended nutrient intake or satisfies recommended limits on the
total number of grams of fat per serving of food;
(2) develop a practice-based nutrition evaluation
tool designed to assist each participating school district in
meeting the requirements of Section 35.106;
(3) develop a program of basic nutrition education as
a curriculum component at the elementary, middle school, junior
high, and high school levels; and
(4) develop a program for the recognition of
excellence in the performance of participating school districts and
campuses in establishing and achieving goals related to compliance
with:
(A) mandatory and recommended school meal
standards;
(B) nutrition education programs; and
(C) other policies and programs that contribute
to the improved nutritional health of schoolchildren, including
establishment of closed campuses at the middle school or junior
high school level that prohibit students from leaving the school
campus during meal service periods.
Sec. 35.108. ADOPTION OF RULES AND RECOMMENDATIONS. (a)
Subject to Subsection (b), the commissioner may adopt rules
necessary to implement this subchapter.
(b) The commissioner must consult with the council before
adopting any rule or recommendation under this subchapter that
relates to nutrition.
[Sections 35.109–35.150 reserved for expansion]
SUBCHAPTER D. SCHOOLCHILDREN'S NUTRITION AND HEALTH ACCOUNT
Sec. 35.151. COMPOSITION OF ACCOUNT. (a) The
schoolchildren's nutrition and health account is a separate account
in the general revenue fund.
(b) The account consists of:
(1) revenues deposited to the credit of the account
from any tax or other revenue source, if the revenues from the tax
or other revenue source are allocated to the account by other law;
(2) money received under Section 35.054 as gifts,
grants, or donations; and
(3) interest and other earnings arising from money in
the account.
(c) Money deposited to the credit of the account remains the
property of the account and may be used only for the purposes
described by Section 35.152.
Sec. 35.152. USE OF ACCOUNT. (a) Except as otherwise
provided by this section or legislative appropriation, the account,
together with any federal matching money, shall be used only to
expand, support, and maintain participation in the national school
breakfast program.
(b) Gifts, grants, and donations deposited to the credit of
the account may be used to pay any costs of administering the
council, including any costs related to reimbursement of travel
expenses under Section 35.052.
(c) Any annual account balance remaining after meeting the
requirements of Subsections (a) and (b) must be used to fund
schoolchildren's nutrition and health activities and programs as
follows:
(1) not more than 50 percent of any annual account
balance may be used for awards to school districts recognized in
accordance with the program required by Section 35.107(4) for
demonstrating excellence in improving the nutritional health of
schoolchildren; and
(2) the remainder of any annual account balance may be
used to provide a grant under Section 35.056 to assist a public or
private entity in the implementation of a program designed to
improve schoolchildren's nutritional health.
(d) The council may make recommendations concerning the
allocation of money in the account to any governmental entity.
Sec. 35.153. RULES. The commissioner may adopt any
reasonable and necessary rules to carry out the purposes of this
subchapter.
SECTION 2. Section 33.901, Education Code, is repealed.
SECTION 3. In appointing the initial members of the
Schoolchildren's Nutrition and Health Advisory Council under
Subchapter B, Chapter 35, Education Code, as added by this Act, the
governor, lieutenant governor, and commissioner of education shall
each designate:
(1) one person to serve a term expiring February 1,
2005;
(2) one person to serve a term expiring February 1,
2007; and
(3) one person to serve a term expiring February 1,
2009.
SECTION 4. Not later than March 1, 2004, a school district
shall adopt the policy required by Section 35.106, Education Code,
as added by this Act, if at least one school campus in the district
participates in the national school breakfast, school lunch, or
after-school snack program.
SECTION 5. (a) As soon as practicable after September 1,
2003, the commissioner of education shall adopt any rules necessary
to implement this Act.
(b) If a state or local governmental entity determines that
a waiver or authorization from a federal agency is necessary to
implement a provision of this Act, the state or local governmental
entity shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
SECTION 6. This Act takes effect September 1, 2003.