By:  Shapleigh, et al.                                            S.B. No. 426

Substitute the following for S.B. No. 426:                                    

By:  Eissler                                                  C.S.S.B. No. 426


A BILL TO BE ENTITLED
AN ACT
relating to the health of school-age children. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Many of today's youth suffer from obesity, which has reached epidemic proportions. There is a much higher percentage of children who are overweight than there was 20 years ago, 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 together 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. The purpose of this Act is to better use schools to address the issue of obesity and to improve the health and productivity of school-age children. SECTION 2. Subchapter B, Chapter 7, Education Code, is amended by adding Section 7.029 to read as follows: Sec. 7.029. INCENTIVES TO PROVIDE ACCESS TO SCHOOL CAMPUSES AFTER REGULAR SCHOOL HOURS. (a) The agency shall study incentives that could be provided to the board of trustees of a school district to adopt rules under Section 11.165 or to otherwise provide community access to school campuses after regular school hours for indoor and outdoor recreational activities. Based on that study, the agency shall prepare a report recommending incentives. (b) Not later than November 1, 2006, the agency shall submit a copy of the report prepared under Subsection (a) to the speaker of the house of representatives, the lieutenant governor, the presiding officers of the standing committees in the house and senate primarily responsible for public education, and each school district in this state. The agency shall also post the report on the agency's website. (c) This section expires December 31, 2006. SECTION 3. Subchapter Z, Chapter 33, Education Code, is amended by adding Sections 33.905 and to read as follows: Sec. 33.905. USE OF SCHOOL DISTRICT REAL PROPERTY BY NONPROFIT ORGANIZATION. (a) A school district shall, to the extent reasonable, accommodate an organization in making district real property, including school facilities and grounds, available to the organization for conducting activities for school-aged children if the district's superintendent or the superintendent's designee determines that: (1) the organization qualifies for a tax exemption under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; (2) the activities are acceptable and beneficial for school-aged children; and (3) conducting the activities on district property will not disrupt district activities. (b) A school district may not charge a nonprofit organization for use of district property to conduct activities under this section an amount greater than the actual cost to the district in making the property available. SECTION 4. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.018 to read as follows: Sec. 38.018. TEXAS FRUIT AND VEGETABLE PILOT PROGRAM. (a) In this section: (1) "Department" means the Texas Department of Agriculture. (2) "Program" means the Texas Fruit and Vegetable Pilot Program described by this section. (b) This section applies only to a middle or junior high school in a school district selected by the department under Subsection (c) that: (1) is located: (A) in a metropolitan statistical area; and (B) in a county that is located along the southern portion of the border between this state and Mexico; or (2) has an enrollment of at least 80,000 students and is located in a county that: (A) has a population of at least 1.4 million; and (B) borders a county that has a population of at least two million. (c) The department shall select two school districts to participate in the Texas Fruit and Vegetable Pilot Program. One district must meet the criteria specified under Subsection (b)(1) and the other district must meet the criteria specified under Subsection (b)(2). (d) During the 2006-2007 school year, the department shall implement and make the program available to participating schools. In implementing the program, the department shall: (1) provide students in participating schools with free fresh and dried fruits and fresh vegetables as snacks before, during, and after school; (2) attempt to ensure that the fruits and vegetables distributed in participating schools are Texas-grown produce; and (3) allow participating schools flexibility in determining what fruits and vegetables to offer. (e) The department shall evaluate the effectiveness of the program after completion of the program. In evaluating the program, the department shall consider at participating schools: (1) the nutritional knowledge and attitudes of students; (2) any improvement in student alertness in class; (3) any improvement in student academic performance; and (4) any decrease in the average number of student absences because of physical illness. (f) Not later than January 1, 2009, the department shall prepare and deliver to each member of the legislature a report based on the evaluation conducted by the department under Subsection (e). (g) The department may adopt rules as necessary to implement this section. (h) This section expires September 1, 2009. SECTION 5. Chapter 12, Agriculture Code, is amended by adding Section 12.039 to read as follows: Sec. 12.039. STUDENT ELIGIBILITY FOR SCHOOL BREAKFAST AND LUNCH PROGRAM. (a) The department, the Texas Education Agency, and the Health and Human Services Commission shall ensure that applicable information maintained by each entity is used on at least a quarterly basis to identify children who are categorically eligible for free meals under the national free or reduced-price breakfast and lunch program. In complying with this subsection, the department, agency, and commission shall use information that corresponds to the months of the year in which enrollment in the food stamp program is customarily higher than average. (b) The department shall determine the feasibility of establishing a process under which school districts verify student eligibility for the national free or reduced-price breakfast and lunch program through a direct verification process that uses information maintained under the food stamp and Medicaid programs, as authorized by 42 U.S.C. Section 1758(b)(3), as amended by Section 105(a) of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. No. 108-265), and 7 C.F.R. Sections 245.6a(a)(1) and (3) and 245.6a(b)(3). If the department determines the process described by this subsection is feasible, the department may implement the process. SECTION 6. Except as otherwise provided by this Act, this Act applies beginning with the 2005-2006 school year. SECTION 7. 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.