| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to nutrition and physical activity policies, standards, |
|
|
and requirements for child-care facilities and programs for |
|
|
children under the age of six. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. (a) Chapter 116, Health and Safety Code, is |
|
|
amended by adding Section 116.0091 to read as follows: |
|
|
Sec. 116.0091. IMPLEMENTATION OF NUTRITION AND PHYSICAL |
|
|
ACTIVITY POLICIES, STANDARDS, AND REQUIREMENTS; RULES. (a) The |
|
|
council, based on the plan developed under Section 116.009, 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 116.0091(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 |
|
|
116.0091(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. |
|
|
SECTION 2. (a) Chapter 115, Health and Safety Code, as |
|
|
added by Chapter 733 (S.B. 395), Acts of the 81st Legislature, |
|
|
Regular Session, 2009, is amended by adding Section 115.0091 to |
|
|
read as follows: |
|
|
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. |
|
|
SECTION 3. (a) Section 1 of this Act takes effect only if |
|
|
the Act of the 82nd Legislature, Regular Session, 2011, relating to |
|
|
nonsubstantive additions to and corrections in enacted codes |
|
|
becomes law. |
|
|
(b) Section 2 of this Act takes effect only if the Act of the |
|
|
82nd Legislature, Regular Session, 2011, relating to |
|
|
nonsubstantive additions to and corrections in enacted codes does |
|
|
not become law. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |