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A BILL TO BE ENTITLED
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AN ACT
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relating to nutrition and physical activity policies, standards, |
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and requirements for child-care facilities and programs for |
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children under the age of six. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Chapter 116, Health and Safety Code, is |
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amended by adding Section 116.0091 to read as follows: |
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Sec. 116.0091. IMPLEMENTATION OF NUTRITION AND PHYSICAL |
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ACTIVITY POLICIES, STANDARDS, AND REQUIREMENTS; RULES. (a) The |
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council, based on the plan developed under Section 116.009, shall |
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create proposed nutrition and physical activity policies, |
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standards, and requirements for child-care facilities serving, and |
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programs involving, children under the age of six. |
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(b) In consultation with the council, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement nutrition and physical activity policies, |
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standards, and requirements in child-care facilities serving, and |
|
programs involving, children under the age of six. The rules must |
|
apply to each child-care facility or program that operates under a |
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license issued by this state. |
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(c) The executive commissioner of the Health and Human |
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Services Commission may develop voluntary nutrition and physical |
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activity guidelines for child-care providers that serve children |
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under the age of six and that are not subject to the rules adopted |
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under Subsection (b). |
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(b) The Early Childhood Health and Nutrition Interagency |
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Council shall solicit public comment on proposed policies, |
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standards, and requirements created under Section 116.0091(a), |
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Health and Safety Code, as added by this Act, not later than October |
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1, 2011, and shall particularly solicit comment from schools and |
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parents. |
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(c) The executive commissioner of the Health and Human |
|
Services Commission shall adopt the rules required by Section |
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116.0091(b), Health and Safety Code, as added by this Act, not later |
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than July 1, 2012, for implementation starting with the 2012-2013 |
|
school year. In adopting rules under this section, the executive |
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commissioner shall consider public comment received by the Early |
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Childhood Health and Nutrition Interagency Council under |
|
Subsection (b) of this section, as well as any public comment |
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received during the rulemaking process. |
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SECTION 2. (a) Chapter 115, Health and Safety Code, as |
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added by Chapter 733 (S.B. 395), Acts of the 81st Legislature, |
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Regular Session, 2009, is amended by adding Section 115.0091 to |
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read as follows: |
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Sec. 115.0091. IMPLEMENTATION OF NUTRITION AND PHYSICAL |
|
ACTIVITY POLICIES, STANDARDS, AND REQUIREMENTS; RULES. (a) The |
|
council, based on the plan developed under Section 115.009, shall |
|
create proposed nutrition and physical activity policies, |
|
standards, and requirements for child-care facilities serving, and |
|
programs involving, children under the age of six. |
|
(b) In consultation with the council, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt rules to implement nutrition and physical activity policies, |
|
standards, and requirements in child-care facilities serving, and |
|
programs involving, children under the age of six. The rules must |
|
apply to each child-care facility or program that operates under a |
|
license issued by this state. |
|
(c) The executive commissioner of the Health and Human |
|
Services Commission may develop voluntary nutrition and physical |
|
activity guidelines for child-care providers that serve children |
|
under the age of six and that are not subject to the rules adopted |
|
under Subsection (b). |
|
(b) The Early Childhood Health and Nutrition Interagency |
|
Council shall solicit public comment on proposed policies, |
|
standards, and requirements created under Section 115.0091(a), |
|
Health and Safety Code, as added by this Act, not later than October |
|
1, 2011, and shall particularly solicit comment from schools and |
|
parents. |
|
(c) The executive commissioner of the Health and Human |
|
Services Commission shall adopt the rules required by Section |
|
115.0091(b), Health and Safety Code, as added by this Act, not later |
|
than July 1, 2012, for implementation starting with the 2012-2013 |
|
school year. In adopting rules under this section, the executive |
|
commissioner shall consider public comment received by the Early |
|
Childhood Health and Nutrition Interagency Council under |
|
Subsection (b) of this section, as well as any public comment |
|
received during the rulemaking process. |
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SECTION 3. (a) Section 1 of this Act takes effect only if |
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the Act of the 82nd Legislature, Regular Session, 2011, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Section 2 of this Act takes effect only if the Act of the |
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82nd Legislature, Regular Session, 2011, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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SECTION 4. This Act takes effect September 1, 2011. |