84R5245 MCK-F

By: Alvarado H.B. No. 1172

A BILL TO BE ENTITLED

AN ACT

relating to creating a program to recognize before-school and after-school programs that promote healthy eating and physical activity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.0429 to read as follows:

Sec. 42.0429. DISTINGUISHED BEFORE AND AFTER SCHOOL HEALTH RECOGNITION PROGRAM. (a) In this section:

(1) "Program attendee" means a child enrolled in a full- or half-day before-school or after-school program.

(2) "Screen time" means time spent viewing or working on television, videos, computers, tablets, and handheld entertainment devices, with or without Internet access.

(b) The department shall develop a program for recognizing before-school and after-school programs that promote healthy eating and physical activity. A program is eligible for recognition under this section if the program meets each of the following requirements:

(1) each staff member of the before-school or after-school program is trained on the standards of this section and the importance of modeling healthy eating and physical activity;

(2) the before-school or after-school program provides regular and ongoing nutrition education to each program attendee to help the program attendee develop and practice healthy habits;

(3) the before-school or after-school program ensures that each program attendee participates throughout the day in at least 60 minutes of moderate to vigorous physical activity for a full-day program and 30 minutes of moderate to vigorous physical activity for a half-day program;

(4) the before-school or after-school program limits screen time during the operational hours of the program to less than two hours a day in a full-day program and 30 minutes a day in a half-day program, not including use in connection with homework or an activity that engages program attendees in a physical activity or educational experience;

(5) the before-school or after-school program:

(A) serves only healthy foods, including fruits and vegetables that are fresh, frozen, dried, or canned in their own juice or water, without added sugar, to program attendees at each meal or snack;

(B) ensures that fried foods or foods that are primarily sugar-based, are high in calories or sodium, or include trans fat are not served to program attendees or consumed by staff in the presence of program attendees during the operational hours of the program; and

(C) complies with the following guidelines relating to the serving and consumption of beverages:

(i) program attendees may only be served water, low-fat or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;

(ii) safe, clean drinking water must be available and accessible at all times to program attendees and staff;

(iii) the amount of milk and fruit juice served to a program attendee may not exceed eight ounces per day; and

(iv) sugar-sweetened beverages may not be served to program attendees or consumed by staff in the presence of program attendees during the operational hours of the program;

(6) if the before-school or after-school program is located in a school facility, the program:

(A) communicates with the school regarding nutrition education and physical activity, as appropriate, to provide the program attendees with a complete educational experience; and

(B) ensures that all program activities adhere to the school's wellness policy, if any;

(7) the before-school or after-school program engages parents, guardians, and caregivers of program attendees using informational materials and activities focused on healthy eating and physical activity relevant to the health of their children at least four times each year;

(8) the before-school or after-school program ensures that information about the implementation of the standards of this section is available for review by a parent, guardian, or caregiver both at the program's physical location and on the program's Internet website, if the program has one; and

(9) the before-school or after-school program provides a document to a parent, guardian, or caregiver of each program attendee acknowledging that the parent, guardian, or caregiver is aware of the standards of this section and the program's policies to institute and reinforce healthy behaviors for all program attendees.

(c) A before-school or after-school program that meets the requirements of Subsection (b) may create a recognition certificate using a certificate template created by the department. A recognition certificate expires on December 31 of each year. A program may renew a recognition certificate if the program verifies that the program continues to comply with the requirements of Subsection (b) not later than January 1 of the following year. A program that creates or renews a recognition certificate shall notify the department of the date the program qualified for recognition.

(d) The department shall post information about the recognition program on the department's Internet website, including:

(1) resources and links that a before-school or after-school program may use to meet the requirements of Subsection (b); and

(2) a template that a before-school or after-school program may use to create a certificate, signed by the director of the before-school or after-school program, that describes the manner in which the program meets the requirements of Subsection (b).

(e) The department shall maintain a list of each before-school or after-school program that qualifies for recognition under this section and shall post the list on the department's Internet website. The list must include the date the program qualified for recognition.

(f) The executive commissioner may adopt rules to implement this section.

SECTION 2. This Act takes effect September 1, 2015.