79R6927 UM-D
By: Lucio S.B. No. 1379
A BILL TO BE ENTITLED
AN ACT
relating to a statewide initiative regarding the prevention and
treatment of obesity-related health concerns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 114 to read as follows:
CHAPTER 114. OBESITY-RELATED TREATMENT AND
PREVENTION INITIATIVES
SUBCHAPTER A. NUTRITION AND HEALTH WORK GROUP
Sec. 114.001. DEFINITION. In this subchapter, "work group"
means the Nutrition and Health Work Group.
Sec. 114.002. APPOINTMENT OF WORK GROUP; TERMS OF MEMBERS.
(a) The Nutrition and Health Work Group is composed of the
following 7 members:
(1) the commissioner of education, or the
commissioner's designee, who must be an executive-level employee of
the Texas Education Agency;
(2) the commissioner of state health services, or the
commissioner's designee, who must be an executive-level employee of
the Department of State Health Services;
(3) the commissioner of agriculture, or the
commissioner's designee, who must be an executive-level employee of
the Department of Agriculture;
(4) the following public members, appointed by the
commissioner of education:
(A) a parent of a school-age child;
(B) a public school superintendent; and
(C) a member of a school board; and
(5) a physician who provides health services to
school-age children, appointed by the commissioner of state health
services.
(b) Public members of the work group serve staggered
six-year terms.
Sec. 114.003. COMPENSATION; REIMBURSEMENT. A member of the
work group may not receive compensation for service on the work
group and may not be reimbursed for travel expenses incurred while
conducting the business of the work group.
Sec. 114.004. OPERATION OF WORK GROUP. (a) The members of
the work group shall annually elect a member to serve as presiding
officer.
(b) The work group shall meet every six months and at the
call of the presiding officer.
(c) The work group may:
(1) seek expert testimony or assistance; and
(2) form subcommittees as needed to accomplish the
business of the work group.
(d) The work group is administratively supported by the
Texas Education Agency, the Department of State Health Services,
and the Department of Agriculture. The Texas Education Agency, the
Department of State Health Services, and the Department of
Agriculture shall adopt a memorandum of understanding on the
provision of necessary staff and facilities to assist the work
group in performing its duties.
Sec. 114.005. REPORT. Not later than January 15 of each
odd-numbered year, the work group shall report to the governor, the
lieutenant governor, and the speaker of the house of
representatives on the activities of the work group during the
preceding two calendar years.
Sec. 114.006. GENERAL POWERS AND DUTIES. (a) The work
group shall develop and set priorities designed to improve the
nutritional health of children and adults, including
recommendations for activities and programs designed to reduce
obesity and nutrition-related chronic diseases.
(b) The work group shall:
(1) make recommendations to the Texas Education
Agency, the Department of State Health Services, the Department of
Agriculture, and other appropriate state and local governmental
entities regarding the priorities developed under Subsection (a);
(2) develop recommendations to promote participation
in the national school breakfast program, as consistent with
activities of the Texas Education Agency;
(3) develop statewide or targeted public awareness
campaigns to improve consumer health by promoting smaller portions
of food and publicizing the adverse consequences of obesity and
steps people may take to prevent and reverse obesity;
(4) recommend to the Texas Education Agency, the
Department of State Health Services, and the Department of
Agriculture programs designed to expand the use of Texas
agricultural products in school breakfast and school lunch meals
to:
(A) improve the quality, nutritional content,
and cost-efficiency of the meals; and
(B) promote Texas agriculture, with special
emphasis on fresh Texas-grown fruits and vegetables;
(5) identify and create menus for school breakfast and
school lunch meals that are more attractive to students and help
schools to develop methods to provide adequate time and space for
students to eat school meals;
(6) collect information related to innovative
community and school district partnerships designed to improve
education regarding the benefits of healthy eating habits and
regular physical activity, including partnerships with:
(A) nonprofit organizations that provide health
and fitness programs for school-age children; and
(B) local grocery providers to create donation
programs to assist with universal breakfast and lunch programs for
children in the district; and
(7) develop with the assistance of school health
advisory councils, school nurses, food service directors,
teachers, and parents a statewide mentoring program for middle
school and high school students using trained volunteer students to
work with other students on weight and health issues, including
diabetes, high blood pressure, and eating disorders.
Sec. 114.007. IMPLEMENTATION OF PUBLIC NUTRITION AND HEALTH
AWARENESS CAMPAIGN. Subject to funds being appropriated for the
purpose, the Department of State Health Services shall implement
the statewide or targeted public awareness campaigns developed by
the work group.
[Sections 114.008-114.050 reserved for expansion]
SUBCHAPTER B. DEPARTMENT PROGRAMS
Sec. 114.051. FITNESS PROGRAMS. The Department of State
Health Services, with the assistance of the Texas Department of
Insurance, shall develop programs to encourage employers and health
insurers or other health benefit plan issuers to provide or
subsidize the cost of memberships to gyms or health clubs for
employees or covered persons.
Sec. 114.052. RESEARCH. The Department of State Health
Services, with the assistance of the Texas Department of Insurance,
shall encourage research to prevent and treat obesity and identify
evidence-based strategies to prevent and treat obesity that are
supported by research findings. The Department of State Health
Services may publish its findings regarding research to serve as
guidelines for the medical community and insurers or other health
benefit plan issuers in developing prevention or treatment plans
for obesity-related health concerns.
[Sections 114.053-114.100 reserved for expansion]
SUBCHAPTER C. COMMUNITY PROGRAMS TO PREVENT AND TREAT
OBESITY-RELATED HEALTH CONCERNS
Sec. 114.101. COMPREHENSIVE NUTRITION AND PHYSICAL
ACTIVITY PILOT PROGRAM. (a) The Department of State Health Services
shall develop and implement a five-year pilot program in one
community to improve nutrition and physical activity within that
community.
(b) The community chosen for the pilot program must have a
population of less than 100,000. In choosing the community in which
to implement the program the department shall consider:
(1) the prevalence of poor nutrition and physical
inactivity in the community;
(2) the location of the community;
(3) the cost of reaching the community through media
available in the community; and
(4) the diversity of the population in the community.
(c) The program must include:
(1) an intensive public awareness campaign;
(2) school and community intervention programs;
(3) clinical programs; and
(4) study and evaluation of program participants.
(d) In developing the pilot program, the department shall
seek input from members of the selected community, including:
(1) elected officials;
(2) community coalitions;
(3) schools and other academic institutions;
(4) local media outlets;
(5) hospitals and clinics;
(6) the local health authority, health department, or
public health district;
(7) businesses and industries;
(8) faith-based organizations; and
(9) other entities as appropriate.
(e) This section expires September 1, 2011.
Sec. 114.102. NUTRITION AND PHYSICAL ACTIVITY PROMOTION
ANALYSIS. (a) The Department of State Health Services, with
assistance from interested public and private entities, shall
analyze the local activities of a community related to the
improvement of nutrition and physical activity within that
community.
(b) In identifying a community in which to conduct the
analysis, the department shall consider the resources in the
community that are being expended for the purpose of preventing or
treating obesity-related health concerns in the community's
population, including the resources of:
(1) the local health authority, health department, or
public health district;
(2) the special supplemental nutrition program for
women, infants, and children;
(3) school-based health clinics or a coordinated
school health program;
(4) state or federal diabetes funding;
(5) state or federal obesity-prevention funding;
(6) local media outlets; and
(7) other available sources of support.
(c) The department shall:
(1) assist in coordinating the existing resources for
evaluation as a comprehensive obesity-prevention initiative;
(2) identify segments of the population that are not
reached by current resources; and
(3) determine whether current resources can be
expanded to reach the missing segments of the population.
(d) The department shall analyze whether current resources
in the community address:
(1) public awareness;
(2) school, community, and worksite interventions;
(3) clinical programs that improve nutrition and
physical activity; and
(4) surveillance, research, and evaluation.
(e) In developing the program, the department shall collect
information regarding:
(1) the introduction of new health-related activities
into the community;
(2) the discontinuation of health-related activities
in the community;
(3) the rate of obesity and the number of overweight
persons in the community; and
(4) if possible, the causes of obesity and excessive
weight gain.
(f) The department shall conduct the analysis over a
five-year period.
(g) This section expires December 31, 2010.
SECTION 2. Subchapter Z, Chapter 33, Education Code, is
amended by adding Sections 33.9011 and 33.9012 to read as follows:
Sec. 33.9011. OPERATION OF BREAKFAST PROGRAMS IN CERTAIN
DISTRICTS. (a) If at least 60 percent of the students enrolled in a
school district are eligible to participate in the national free or
reduced-price breakfast program established under 42 U.S.C.
Section 1751 et seq., the district shall consider seeking approval
to act under the appropriate special assistance provision of the
program that allows the district to:
(1) offer free breakfast to all students enrolled at
each campus in the district; and
(2) reduce administrative costs and requirements
associated with the program.
(b) A school district shall offer free breakfast to every
child if funds are available for that purpose.
(c) A school district that does not have sufficient funds
available to provide breakfast under Subsection (b) may apply to
the agency for a grant under Section 33.9012 or to nonprofit
foundations, governmental entities, or other sources for grants for
that purpose.
Sec. 33.9012. BREAKFAST FUND; GIFTS, GRANTS, AND DONATIONS.
(a) The breakfast fund is an account established in the general
revenue fund. The fund is composed of money appropriated to the
fund and gifts, grants, and donations accepted for the fund under
this section. Money in the breakfast fund may be appropriated only
to the agency to provide grants to school districts to operate
breakfast programs under Section 33.9011.
(b) The agency may seek and accept gifts, grants, and
donations for the breakfast fund from appropriate nonprofit
foundations, governmental entities, and other sources.
(c) All gifts, grants, and donations of money accepted under
this section shall be deposited to the credit of the breakfast fund.
SECTION 3. Subchapter D, Chapter 262, Occupations Code, is
amended by adding Section 262.153 to read as follows:
Sec. 262.153. DUTY TO PROVIDE NUTRITIONAL EDUCATION
INFORMATION. A dental hygienist shall provide nutritional
education information with dental hygiene services performed in
schools, Head Start centers, and day-care facilities to help
establish good nutritional and oral care habits at the earliest age
possible.
SECTION 4. Chapter 12, Agriculture Code, is amended by
adding Section 12.039 to read as follows:
Sec. 12.039. CHANGES IN SCHOOL NUTRITION POLICY. (a) In
establishing school nutrition policy, the commissioner shall seek
input from the commissioner of education and the commissioner of
state health services.
(b) School nutrition policy may be more stringent than any
recommended or required federal guidelines.
(c) The Department of Agriculture may not change school
nutrition policy in a manner that would allow more competitive
foods or foods of minimal nutritional value to be served at a school
than the amount allowed by the policy on January 1, 2005.
SECTION 5. (a) The Department of State Health Services
shall analyze and evaluate whether a statewide wellness council
would assist the department in promoting consumer health and
educating Texans on the importance of proper nutrition and physical
activity in preventing obesity-related health concerns. Not later
than September 1, 2006, the Department of State Health Services
shall submit a report to the governor, the lieutenant governor, and
the speaker of the house of representatives regarding the
department's recommendation for the creation of a statewide
wellness council.
(b) The Texas Department of Insurance shall analyze and
evaluate the changes in law needed to require health insurers and
other health benefit plan issuers to provide coverage for the
treatment and prevention of obesity, including coverage for
counseling of overweight and obese individuals. Not later than
September 1, 2006, the Texas Department of Insurance shall submit a
report to the governor, the lieutenant governor, and the speaker of
the house of representatives regarding the department's
recommendations for required changes in law.
SECTION 6. (a) Not later than July 1, 2006, the Department
of State Health Services shall develop the pilot program required
by Section 114.101, Health and Safety Code, as added by this Act,
and select the community in which to implement the pilot program.
(b) Not later than August 1, 2006, the Department of State
Health Services shall implement the pilot program required by
Section 114.101, Health and Safety Code, as added by this Act.
(c) Not later than December 31 of each even-numbered year
through December 2010, the Department of State Health Services
shall submit a report to the governor, the lieutenant governor, and
the speaker of the house of representatives on the pilot program
required by Section 114.101, Health and Safety Code, as added by
this Act, regarding:
(1) the success of the pilot program in changing the
nutritional and physical activity within the community;
(2) any problems encountered during the pilot program;
and
(3) the department's recommendations for the expansion
of the pilot program.
(d) The Department of State Health Services shall submit a
final report as described by Subsection (c) of this section not
later than December 31, 2011.
SECTION 7. (a) Not later than October 1, 2005, the
Department of State Health Services shall begin the analysis
required by Section 114.102, Health and Safety Code, as added by
this Act.
(b) Not later than December 31 of each even-numbered year
through December 2010, the Department of State Health Services
shall submit a report to the governor, the lieutenant governor, and
the speaker of the house of representatives regarding the
department's findings and analysis under Section 114.102, Health
and Safety Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2005.