79R1045 BDH-D

By:  Zaffirini                                                    S.B. No. 29 



A BILL TO BE ENTITLED

AN ACT

relating to school district reporting of compliance with certain 
student health guidelines.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.004(k), Education Code, is 
transferred to Subchapter A, Chapter 38, Education Code, is 
redesignated as Section 38.017, Education Code, and is amended to 
read as follows:
	Sec. 38.017.  STUDENT HEALTH INFORMATION. [(k)] A school 
district shall include the following information in the district's 
Public Education Information Management System (PEIMS) report 
[make available for reasonable public inspection]:
		(1)  a statement of the policies adopted to ensure that 
students in elementary grades engage in at least 30 minutes per 
school day or 135 minutes per school week of physical activity; and
		(2)  a statement of:                                                          
			(A)  the number of times during the year the 
district's local school health advisory council has met;
			(B)  whether the district has adopted and enforces 
policies to ensure that district campuses comply with applicable
[agency] vending machine and food service guidelines for 
restricting student access to vending machines; and
			(C)  whether the district has adopted and enforces 
policies and procedures that prescribe penalties for the use of 
tobacco products by students and others on school campuses or at 
school-sponsored or school-related activities.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.