By:  Nelson                                                       S.B. No. 42 


A BILL TO BE ENTITLED

AN ACT

relating to health education in public schools and to the 
improvement of children's health through daily physical activity in 
public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.004, Education Code, is amended to 
read as follows:   
	(k) A school district shall make available for reasonable 
public inspection: The commissioner shall report annually, by 
school district:
		(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 school health advisory council has met;
			(B) whether the district has adopted and enforces 
policies to ensure that district campuses comply with 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 takes effect September 1, 2005.