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A BILL TO BE ENTITLED
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AN ACT
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relating to advertising to promote good health by certain persons |
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who advertise food or beverages in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.028 to read as follows: |
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Sec. 38.028. ADVERTISING TO PROMOTE GOOD HEALTH. (a) A |
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vendor of a food or beverage that advertises a food or beverage on |
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school property or at a school-sponsored or school-related activity |
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on or off of school property and that directs any food or beverage |
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advertising in this state to children younger than 12 years of age |
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shall use at least 50 percent of the person's total expenditures for |
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school and school-related food and beverage advertising in this |
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state directed to children younger than 12 years of age to promote |
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healthy dietary choices, general good nutrition, or healthy |
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lifestyles. That advertising must be based on established |
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scientific or government standards for good nutrition or healthy |
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lifestyles. |
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(b) The commissioner of education, in consultation with the |
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commissioner of agriculture and persons with expertise in |
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children's nutrition or health, shall adopt rules as necessary to |
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administer this section, including rules to: |
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(1) ensure that information used in any advertisement |
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under Subsection (a) promoting good nutrition or a healthy |
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lifestyle is based on well-researched and validated science; |
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(2) define the advertising expenditures to which |
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Subsection (a) applies; and |
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(3) enforce the use of advertising expenditures in |
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compliance with Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2009. |