BILL ANALYSIS
Senate Research Center C.S.S.B. 426
Health & Human Services
Committee Report (Substituted)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Many of today's youth suffer from obesity, which has reached epidemic proportions. There is a much higher percentage of children who are overweight, and many children have increasingly sedentary lifestyles. Moreover, the number one risk factor for adult obesity is obesity in adolescence. Poor diet and physical inactivity account for an estimated 300,000 deaths each year; only tobacco use causes more preventable deaths. That reality not only threatens quality of life but indicates looming health care costs for the state in the future. Studies show that comprehensive prevention programs have reduced obesity and prevented the onset of diabetes and that children who are physically fit perform better academically.
C.S.S.B. 426 would better use schools to address the issue of obesity and to improve the health and productivity of school-age children. C.S.S.B. 426 requires TEA to collect best practices and develop incentives to provide access to school campuses after regular school hours and allows comp-ed funding to be used for transportation. It also creates a Texas Fruit and Vegetable Pilot Project to provide free snacks for students throughout the school day in Tarrant County and another district to be determined in the lower Rio Grande Valley.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Department of Agriculture in SECTION 3 (Section 38.018, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Sets forth legislative findings regarding childhood obesity.
SECTION 2. Amends Subchapter B, Chapter 7, Education Code, by adding Section 7.029, as follows:
Sec. 7.029. INCENTIVES TO PROVIDE ACCESS TO SCHOOL CAMPUSES AFTER REGULAR SCHOOL HOURS. Requires the Texas Education Agency (TEA) to study incentives that could be provided to the board of trustees of a school district to adopt rules or to otherwise provide community access to school campuses after regular school hours for indoor and outdoor recreational purposes. Requires TEA to prepare a report recommending incentives, based on the study. Requires TEA to submit a copy of the report, no later than November 1, 2006, to specific government entities. Requires TEA to post the report on its website. Provides that this section expires December 31, 2006.
SECTION 3. Amends Subchapter A, Chapter 38, Education Code, by adding Section 38.018, as follows:
Sec. 38.018. TEXAS FRUIT AND VEGETABLE PILOT PROGRAM. (a) Defines "department" and "program."
(b) Provides that this section applies only to a middle or junior high school in a district selected by the Texas Department of Agriculture (department) under Subsection (c) and that meets specific requirements.
(c) Requires the department to select two school districts to participate in the Texas Fruit and Vegetable Pilot Program (program). Provides the guidelines by which the districts are to be selected.
(d) Requires the department to implement and make the program available to participating schools during the 2006-2007 school year. Requires the department to implement the program with specific guidelines.
(e) Requires the department to evaluate the effectiveness of the program after its completion. Requires the department to consider specific criteria in evaluating the program.
(f) Requires the department to prepare and deliver a report based on the evaluation to each member of the legislature by January 1, 2009.
(g) Authorizes the department to adopt rules to implement this section, as necessary.
(h) Provides that this section expires September 1, 2009.
SECTION 4. Reenacts and amends Section 42.152(c-1), Education Code, as added by Chapters 253 and 783, Acts of the 78th Legislature, Regular Session, 2003, as follows:
(c-1) Authorizes funds allocated under this section to be used to fund a district's mentoring services program under 29.089, as added by Chapter 783, Acts of the 78th Legislature, Regular Session, 2003, or the operation of a district's school buses for the purpose of transporting students to and from after-school activities. Makes nonsubstantive changes.
SECTION 5. Amends Section 42.155(h), Education Code, to authorize funds allotted under this section to be used in providing transportation services for students to and from after-school activities.
SECTION 6. Provides that this Act begins with the 2005-2006 school year, except as otherwise provided.
SECTION 7. Effective date: upon passage or September 1, 2005.