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  By: Nelson S.B. No. 65
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a program to recognize public schools with successful
  student health and fitness programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.027 to read as follows:
         Sec. 38.027.  HEALTHY SCHOOLS RECOGNITION PROGRAM. (a)  The
  commissioner shall establish a healthy schools recognition program
  under which schools are recognized for successfully implementing
  programs that encourage student health and fitness.
         (b)  A school may apply to the commissioner for recognition
  as a gold, silver, or bronze healthy school. The commissioner shall
  determine whether a school qualifies for recognition and the level
  for which the school qualifies based on:
               (1)  improvement in the results of the physical fitness
  assessment instrument administered under Subchapter C;
               (2)  implementation of a coordinated health program
  under Section 38.014, if the school applying for recognition is an
  elementary school, middle school, or junior high school;
               (3)  the involvement of the local school health
  advisory council established under Section 28.004;
               (4)  compliance with student minimum physical activity
  requirements under Section 28.002(l);
               (5)  recent recognition, by a public or private entity
  approved for the purpose by the commissioner, for successfully
  implementing a program that encourages student health or fitness;
  and
               (6)  any other criteria adopted by the commissioner.
         (c)  The commissioner may establish partnerships with
  private and nonprofit entities to provide monetary and in-kind
  rewards to schools that receive recognition under the program as a
  healthy school.
         (d)  The commissioner may solicit and accept a gift, grant,
  or donation from any source for the development or implementation
  of the program.  Only a gift, grant, or donation may be used to fund
  development or implementation of the program.
         (e)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.