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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a voluntary program to recognize licensed |
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before-school and after-school programs that promote healthy |
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eating and physical activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0429 to read as follows: |
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Sec. 42.0429. DISTINGUISHED BEFORE-SCHOOL AND AFTER-SCHOOL |
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HEALTH RECOGNITION PROGRAM. (a) In this section: |
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(1) "Program attendee" means a child enrolled in a |
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full-day or half-day before-school or after-school program. |
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(2) "Screen time" means time spent viewing television |
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or videos or working on computers, tablets, and handheld |
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entertainment devices, with or without Internet access. |
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(b) The commission shall develop a voluntary program for |
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recognizing licensed before-school and after-school programs that |
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promote healthy eating and physical activity. The recognition |
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program must provide for the self-evaluation of a before-school or |
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after-school program to determine the program's compliance with the |
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requirements for recognition under Subsection (c). |
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(c) A before-school or after-school program seeking |
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recognition under this section shall evaluate the program's |
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compliance with the following requirements: |
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(1) at least one staff member of the before-school or |
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after-school program is trained on the standards of this section |
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and the importance of modeling healthy eating and physical activity |
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in the presence of program attendees; |
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(2) the before-school or after-school program |
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provides opportunities for program attendees to participate in at |
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least 30 minutes of moderate to vigorous physical activity for a |
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half-day program and at least 60 minutes of moderate to vigorous |
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physical activity for a full-day program; |
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(3) the before-school or after-school program limits |
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screen time during the operational hours of the program to less than |
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30 minutes a day for a half-day program and two hours a day for a |
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full-day program, not including use in connection with homework or |
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an activity that engages program attendees in a physical activity |
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or educational experience; |
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(4) the before-school or after-school program: |
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(A) makes healthy foods, including fruits and |
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vegetables that are fresh, frozen, dried, or canned in their own |
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juice or water, without added sugar, available to program attendees |
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during meals or snacks; and |
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(B) encourages program attendees and staff while |
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in the presence of program attendees during the operational hours |
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of the program to not eat fried foods or foods that are primarily |
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sugar-based, are high in calories or sodium, or include trans fat; |
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(5) the before-school or after-school program |
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complies with the following guidelines relating to the serving and |
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consumption of beverages: |
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(A) program attendees are served water, low-fat |
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or nonfat milk, nonfat flavored milk, or 100 percent fruit juice; |
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(B) safe, clean drinking water is available and |
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accessible at all times to program attendees and staff; and |
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(C) beverages with added sugar are not served to |
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program attendees or consumed by staff in the presence of program |
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attendees during the operational hours of the program; and |
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(6) the before-school or after-school program engages |
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parents, guardians, and caregivers of program attendees using |
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informational materials and activities focused on healthy eating |
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and physical activity relevant to the health of program attendees |
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at least four times each year. |
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(d) The staff training described by Subsection (c)(1) must |
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comply with the requirements of the National Institute on |
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Out-of-School Time, the Healthy Out-of-School Time Coalition, or |
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other similar programs. The training may be completed in person or |
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online. |
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(e) The commission shall establish the following levels of |
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recognition for before-school and after-school programs applying |
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for recognition under this section: |
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(1) bronze status for a before-school or after-school |
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program that: |
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(A) meets the staff training requirements |
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provided by Subsection (c)(1); and |
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(B) complies with at least one other requirement |
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listed in Subsection (c); |
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(2) silver status for a before-school or after-school |
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program that: |
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(A) meets the staff training requirements |
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provided by Subsection (c)(1); and |
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(B) complies with at least three other |
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requirements listed in Subsection (c); and |
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(3) gold status for a before-school or after-school |
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program that: |
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(A) meets the staff training requirements |
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provided by Subsection (c)(1); and |
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(B) complies with at least four other |
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requirements listed in Subsection (c). |
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(f) If a before-school or after-school program determines |
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that the program meets the requirements for a recognition level |
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provided by Subsection (e), the program: |
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(1) may create a corresponding recognition |
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certificate using a certificate template created by the commission; |
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and |
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(2) shall notify the commission of the level of |
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recognition for which the program qualifies. |
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(g) A recognition certificate created by a before-school or |
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after-school program does not expire, however the program shall |
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remove the certificate if the program no longer meets the |
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requirements for recognition. A before-school or after-school |
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program shall notify the commission of any change in the program's |
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recognition level or if the program no longer qualifies for |
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recognition. |
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(h) The commission shall post information about the |
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recognition program on the commission's Internet website, |
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including: |
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(1) resources and links that a before-school or |
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after-school program may use to meet the requirements of Subsection |
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(c); and |
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(2) a template that a before-school or after-school |
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program may use to create a certificate, signed by the director of |
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the before-school or after-school program, that describes the |
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program's recognition level. |
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(i) The commission shall maintain a list of each |
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before-school or after-school program that qualifies for |
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recognition under this section and shall post the list on the |
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commission's Internet website. The list must include each |
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program's recognition level. The commission shall update the list |
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at least quarterly to reflect any change in a program's recognition |
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level. |
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(j) The requirements of this section are in addition to any |
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other requirement imposed by law that applies to a before-school or |
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after-school program. |
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(k) The executive commissioner may adopt rules to implement |
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this section. |
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SECTION 2. This Act takes effect January 1, 2020. |