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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the interagency obesity council and the |
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Department of Agriculture relating to health, wellness, and |
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prevention of obesity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 114, Health and Safety Code, is amended |
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to read as follows: |
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CHAPTER 114. INTERAGENCY OBESITY COUNCIL |
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Sec. 114.001. DEFINITION. In this chapter, "council" means |
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the interagency obesity council created by this chapter. |
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Sec. 114.002. INTERAGENCY OBESITY COUNCIL. The council is |
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composed of the [(a) The] commissioner of agriculture, the |
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commissioner of state health services, and the commissioner of |
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education, or a staff member designated by each of those |
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commissioners. |
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Sec. 114.003. CONTRACTS FOR ASSISTANCE. The council may |
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contract with a private or public university to assist in gathering |
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information under this chapter. |
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Sec. 114.004. GIFTS AND GRANTS. An agency represented on |
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the council may accept gifts and grants on behalf of the council. |
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Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The council[,] |
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shall review [meet at least once a year as an interagency council
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to:
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[(1) discuss] the status of the [each agency's] |
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programs of the Department of Agriculture, the Department of State |
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Health Services, and the Texas Education Agency that promote better |
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health and nutrition and prevent obesity among children and adults |
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in this state[; and
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[(2)
consider the feasibility of tax incentives for
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employers who promote activities designed to reduce obesity in the
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workforce]. |
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Sec. 114.006. EVIDENCE-BASED PUBLIC HEALTH AWARENESS PLAN. |
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(a) The council shall create an evidence-based public health |
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awareness plan. In creating the plan, the council shall explore |
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past successful public health awareness efforts. |
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(b) The plan must include: |
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(1) a cost estimate that accounts for continuing |
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implementation of the plan; |
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(2) recommendations on reaching populations that |
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would most benefit from increased public health awareness; and |
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(3) recommendations on encouraging employers to |
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participate in wellness programs for employees. |
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(c) The council shall solicit input on the plan from the |
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private sector. |
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(d) The council shall provide to the Department of State |
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Health Services information on effective strategies for employers |
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to use to promote workplace wellness, including information on the |
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projected costs and benefits. The Department of State Health |
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Services shall post the information on its Internet website. |
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Sec. 114.007. STATE-ENDORSED HEALTHY FOOD AND BEVERAGE |
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DESIGNATION. (a) The Department of Agriculture, in consultation |
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with the council, shall study the feasibility, practicality, and |
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potential benefit, cost, and revenue associated with creating a |
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state-endorsed "healthy food and beverage" designation. |
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(b) If the Department of Agriculture determines that the |
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creation and implementation of a "healthy food and beverage" |
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designation is feasible, the department, in consultation with the |
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council, shall identify ways to note the following information on |
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qualifying products: |
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(1) serving size; |
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(2) nutrient class or family; and |
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(3) the role of the product as part of a healthy, |
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well-balanced diet. |
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(c) Not later than January 15, 2011, the Department of |
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Agriculture shall submit a report to the governor, the lieutenant |
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governor, and the speaker of the house of representatives regarding |
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the feasibility of creating and implementing a state-endorsed |
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"healthy food and beverage" designation. The report required under |
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this subsection may be included with the report of the council |
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required under Section 114.008. |
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(d) The Department of Agriculture may contract with a |
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private or public university to assist in gathering information |
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under this section. |
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(e) This section expires September 2, 2011. |
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Sec. 114.008. REPORTS. (a)[(b)] Not later than January 15 |
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of each odd-numbered year, the [interagency] council shall submit a |
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report to the governor, the lieutenant governor, and the speaker of |
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the house of representatives on the activities of the council under |
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Sections 114.005 and 114.006 during the preceding two calendar |
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years. |
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(b)[(c)] A report submitted by the [interagency] council |
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under Subsection (a) [(b)] must include the following information |
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regarding discussions of agency programs under Section 114.005: |
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(1) a list of the programs within each agency |
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represented on the council that are designed to promote better |
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health and nutrition; |
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(2) an assessment of the steps taken by each program |
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during the preceding two calendar years; |
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(3) a report of the progress made by taking these steps |
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in reaching each program's goals; |
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(4) the areas of improvement that are needed in each |
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program; and |
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(5) recommendations for future goals or legislation. |
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(c) A report submitted by the council under Subsection (a) |
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must include the following information regarding the |
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evidence-based public health awareness plan under Section 114.006: |
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(1) a cost estimate for an ongoing program to |
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implement the plan; |
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(2) projected benefits of the program; |
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(3) a summary of the information provided to the Texas |
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Department of State Health Services for its Internet website; and |
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(4) recommendations for goals and future legislation. |
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Sec. 114.009. MEETINGS. (a) The council shall meet at |
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least once each year to perform its duties under Sections 114.005 |
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and 114.006. |
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(b) [(d)] A meeting held under this chapter [section] is not |
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subject to the provisions of the open meetings law, Chapter 551, |
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Government Code. |
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SECTION 2. This Act takes effect September 1, 2009. |