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By: Shapleigh, Nelson S.B. No. 426
(In the Senate - Filed February 9, 2005; February 15, 2005,
read first time and referred to Committee on Education;
April 21, 2005, rereferred to Committee on Health and Human
Services; April 28, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 28, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 426 By: Armbrister
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 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
people; and
(B) borders a county that has a population of at
least two million people.
(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 4. Subsection (c-1), Section 42.152, Education
Code, as added by Chapters 253 and 783, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended to
read as follows:
(c-1) Notwithstanding Subsection (c), funds allocated under
this section may be used to fund:
(1) in proportion to the percentage of students served
by the program that meet the criteria in Section 29.081(d) or (g):
(A) [(1)] an accelerated reading instruction
program under Section 28.006(g); or
(B) [(2)] a program for treatment of students who
have dyslexia or a related disorder as required by Section 38.003;
[.]
(2) a district's mentoring services program under
Section 29.089, as added by Chapter 783, Acts of the 78th
Legislature, Regular Session, 2003; or
(3) the operation of a district's school buses for the
purpose of transporting students to and from after-school
activities.
SECTION 5. Subsection (h), Section 42.155, Education Code,
is amended to read as follows:
(h) Funds allotted under this section must be used in
providing transportation services and may be used in providing
transportation services for students to and from after-school
activities.
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.
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