By: Lucio S.B. No. 18
A BILL TO BE ENTITLED
AN ACT
relating to a statewide initiative regarding the prevention and
treatment of obesity-related health concerns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. OBESITY-RELATED TREATMENT AND
PREVENTION INITIATIVES
Sec. 161.901. INTERAGENCY OBESITY COUNCIL. (a) The
commissioner of agriculture, commissioner of state health
services, and commissioner of education shall meet at least once a
year as an interagency council to discuss the status of each
agency's programs that promote better health and nutrition and
prevent obesity among children and adults in this state.
(b) Not later than January 15 of each odd-numbered year, the
interagency council shall submit a report to the governor, the
lieutenant governor, and the speaker of the house of
representatives on the activities of the council during the
preceding two calendar years.
(c) A meeting held under this section is not subject to the
provisions of the open meetings law, Chapter 551, Government Code.
Sec. 161.902. PUBLIC AWARENESS CAMPAIGNS. The Department
of State Health Services in the department's existing statewide or
targeted public awareness campaigns to improve consumer health
shall publicize the adverse consequences of obesity and steps
people may take to prevent and reverse obesity.
Sec. 161.904. NUTRITION AND PHYSICAL ACTIVITY PROMOTION
ANALYSIS. (a) The Department of State Health Services, with
assistance from interested public and private entities, shall
analyze the capacity of a local community selected by the
department to improve the nutrition and physical activity behaviors
within that community.
(b) In identifying a community in which to conduct the
analysis, the department shall consider only communities with
existing or potential resources that may be expended for the
purpose of preventing or treating obesity-related health concerns
in the community's population, including the resources of:
(1) the local health authority, health department, or
public health district;
(2) the special supplemental nutrition program for
women, infants, and children;
(3) school-based health clinics, coordinated school
health programs, and school health advisory committees;
(4) state or federal diabetes funding;
(5) state or federal obesity-prevention funding;
(6) local media outlets; and
(7) other available sources of support.
(c) The department shall coordinate with existing community
resources to:
(1) identify segments of the population that are not
reached by current resources;
(2) determine whether current resources can be
expanded to reach the missing segments of the population; and
(3) determine the feasibility of a comprehensive
obesity-prevention initiative.
(d) The department shall analyze whether current resources
in the community address:
(1) public awareness;
(2) school, community, and worksite interventions;
(3) clinical programs that improve nutrition and
physical activity; and
(4) surveillance, research, and evaluation.
(e) The department shall work with the community to make
recommendations regarding:
(1) the introduction of new health-related activities
into the community;
(2) the reallocation of existing resources for
health-related activities in the community to address the problem
of obesity; and
(3) monitoring the progress of the community while the
community implements the changes.
(f) The department shall coordinate with community
resources to conduct the analysis over a three-year period.
(g) This section expires September 1, 2009.
SECTION 2. Title 2, Agriculture Code, is amended by adding
Chapter 22 to read as follows:
CHAPTER 22. NUTRITION IN PUBLIC SCHOOLS
Sec. 22.001. GENERAL RESPONSIBILITIES. The department
shall work to:
(1) develop recommendations to promote participation
in the national school breakfast and lunch programs;
(2) expand the use of Texas agricultural products in
public school breakfast and lunch meals to:
(A) improve the quality and nutritional content
of the meals; and
(B) promote Texas agriculture, with special
emphasis on fresh Texas-grown fruits and vegetables;
(3) collect information related to innovative
community and school district partnerships designed to improve
education regarding the benefits of healthy eating habits and
regular physical activity, including partnerships with:
(A) nonprofit organizations that provide health
and fitness programs for school-age children; and
(B) local grocery providers to create donation
programs to assist with universal breakfast and lunch programs for
children in the district.
Sec. 22.002. OPERATION OF BREAKFAST PROGRAMS IN CERTAIN
DISTRICTS. (a) If at least 60 percent of the students enrolled in
a school district are eligible to participate in the national free
or reduced-price breakfast program established under 42 U.S.C.
Section 1751 et seq., the district shall consider seeking approval
to act under the appropriate special assistance provision of the
program that allows the district to:
(1) offer free breakfast to all students enrolled at
each campus in the district; and
(2) reduce administrative costs and requirements
associated with the program.
(b) A school district that does not have sufficient funds
available to provide breakfast under Subsection (a) may apply to
nonprofit foundations, governmental entities, or other sources for
grants for that purpose.
Sec. 22.003. SCHOOL NUTRITION POLICY. (a) The
commissioner shall establish a public school nutrition policy in
accordance with this chapter. Any changes made to the public school
nutrition policy shall be made by rule.
(b) In establishing public school nutrition policy, the
commissioner may seek input from the commissioner of education and
the commissioner of state health services.
(c) Public school nutrition policy may be more stringent
than any recommended or required federal guidelines.
(d) The commissioner may not change public school nutrition
policy in a manner that would allow more foods of minimal
nutritional value to be served at a public school than the amount
allowed by the policy on January 1, 2005.
Sec. 22.004. ACCESS TO CERTAIN BEVERAGES. A beverage that
is a food of minimal nutritional value, as defined by 7 C.F.R. Part
210, may not be sold on a public school campus in a container larger
than 12 ounces. Not more than 30 percent of beverages in vending
machines on a public school campus may be beverages that are foods
of minimal nutritional value as defined in 7 C.F.R. Part 210.
SECTION 3. Subsection (a), Section 38.013, Education Code,
is amended to read as follows:
(a) The agency shall 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. Each program must provide for coordinating:
(1) health education;
(2) physical education and physical activity;
(3) nutrition services, which may include nutrition
education for elementary school children and their parents; and
(4) parental involvement.
SECTION 4. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.017 to read as follows:
Sec. 38.017. MENTOR PROGRAM. School health advisory
councils, working together with student councils, peer-assisted
leadership groups, and other student groups, may develop mentoring
programs for middle school and high school students by training
students to act as friends or mentors and offer peer support to
other students on weight-loss programs approved by their physicians
and parents or legal guardians and to students coping with health
problems related to obesity. The district and the school health
advisory council shall monitor mentors and students participating
in a mentoring program.
SECTION 5. Chapter 38, Education Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. RECOGNIZING EXTRAORDINARY ACHIEVEMENT IN
CHILDREN'S HEALTH (REACH) PROGRAM
Sec. 38.101. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Agriculture.
(2) "Program" means the Recognizing Extraordinary
Achievement in Children's Health (REACH) Program.
Sec. 38.102. PROGRAM. (a) The Department of Agriculture,
as the state agency responsible for administering the National
School Lunch Program and School Breakfast Program in the state,
shall administer the Recognizing Extraordinary Achievement in
Children's Health Program.
(b) The department may consult with the agency, regional
education service centers, local school health advisory councils,
and other appropriate entities in establishing and administering
the program.
Sec. 38.103. ELIGIBILITY FOR PARTICIPATION. A school is
eligible to participate in the program if the school participates
in the national school lunch program established under 42 U.S.C.
Section 1751 et seq. or the national school breakfast program
provided for by the Child Nutrition Act of 1966 (42 U.S.C. Section
1773).
Sec. 38.104. MEASURING HEALTH PERFORMANCE. (a) The
department may measure the health performance of each school that
participates in the program by using:
(1) the school health index developed by the Centers
for Disease Control and Prevention of the United States Public
Health Service; and
(2) any other criteria adopted by the department.
(b) The department, in consultation with school health
experts, shall determine the minimum health performance score a
school must achieve under this section for the school to be eligible
for a monetary program award under Section 38.105.
(c) In determining a school's health performance score
under Subsection (b), the department, as provided by department
rule, shall award additional points to a school that has a high
percentage of educationally disadvantaged students.
(d) A school that achieves the minimum health performance
score under Subsection (b) may receive a monetary program award
only if sufficient funds are available under Section 38.106.
Sec. 38.105. PROGRAM AWARDS. (a) Subject to the
availability of funding for the program, the department may provide
a school that participates in the program and achieves the minimum
health performance score under Section 38.104(b) with a monetary
program award.
(b) Subject to the availability of funds The department by
rule shall establish the criteria for determining the amount of
money awarded to a school. The criteria must include consideration
of the average daily attendance and the grade levels provided at the
applicant schools.
(c) The department may provide a nonmonetary award to a
school as determined by the department.
Sec. 38.106. FUNDING. (a) The department may solicit and
accept gifts and grants for the benefit of the program.
(b) The department shall administer the program using gifts
and grants received under Subsection (a) and funds appropriated to
the department for program purposes.
(c) A school may use the monetary program award as
determined by the school, but should use a portion of the money to
pay for implementing the program or administering new or
administering existing health improvement programs at the school.
Sec. 38.107. APPLICATIONS. (a) An eligible school may
apply to the department to participate in the program. In applying,
the school shall provide the department with:
(1) the completed school health index assessment
described by Section 38.104(a)(1) for the school;
(2) information concerning the average daily
attendance of students at the school;
(3) a statement of the number of educationally
disadvantaged students at the school; and
(4) any other information the department requires.
(b) Before submitting the application to the department, a
school must present the application for verification and approval
to the superintendent of the school district in which the school is
located or the superintendent's designee or to any other official
determined by the department.
Sec. 38.108. AGREEMENT. The department shall enter into an
agreement with each school that participates in the program before
the school receives a monetary program award from the department.
The agreement must:
(1) specify any recordkeeping requirements for
participation in the program; and
(2) provide that the department or its designee may
audit records required under Subdivision (1) and otherwise monitor
compliance with program rules.
Sec. 38.109. RULES. The department may adopt rules as
necessary to administer this subchapter.
SECTION 6. Subchapter D, Chapter 262, Occupations Code, is
amended by adding Section 262.153 to read as follows:
Sec. 262.153. DUTY TO PROVIDE NUTRITIONAL EDUCATION
INFORMATION. A dental hygienist when providing nutrition
information related to oral health with dental hygiene services
performed in schools, Head Start centers, and day-care facilities
to help establish good nutritional and oral care habits at the
earliest age possible must do so in accordance with nationally
recognized guidelines for oral health.
SECTION 7. (a) The Department of State Health Services
shall analyze and evaluate whether a statewide wellness council
would assist the department in promoting consumer health and
educating Texans on the importance of proper nutrition and physical
activity in preventing obesity-related health concerns. The
wellness council would promote and advance a healthy community
through workplace activities in the public and private sectors. In
analyzing and evaluating the statewide wellness council, the
department shall consider whether the council could achieve
objectives related to health care cost containment, reduced
absenteeism, improved employee health status, and improved morale.
Not later than September 1, 2006, the Department of State Health
Services shall submit a report to the governor, lieutenant
governor, and speaker of the house of representatives regarding the
department's recommendation for the creation of a statewide
wellness council.
SECTION 8. (a) Not later than October 1, 2005, the
Department of State Health Services shall begin the analysis
required by Section 161.904, Health and Safety Code, as added by
this Act.
(b) Not later than December 31 of each even-numbered year
through December, 2010, the Department of State Health Services
shall submit a report to the governor, lieutenant governor, and
speaker of the house of representatives regarding the department's
findings and analysis under Section 161.904, Health and Safety
Code, as added by this Act.
(c) Subchapter C, Chapter 38, Education Code, as added by
this Act, applies beginning with the 2005-2006 school year.
SECTION 9. This Act takes effect September 1, 2005.