86R4266 MCK-F

By: Lucio III H.B. No. 702

A BILL TO BE ENTITLED

AN ACT

relating to creating a voluntary program to recognize licensed 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-SCHOOL AND AFTER-SCHOOL HEALTH RECOGNITION PROGRAM. (a) In this section:

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

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

(b) The commission shall develop a voluntary program for recognizing licensed before-school and after-school programs that promote healthy eating and physical activity.

(c) The commission shall assess a before-school or after-school program applying for recognition under this section based on the program's compliance with the following requirements:

(1) at least one 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 in the presence of program attendees;

(2) the before-school or after-school program provides opportunities for program attendees to participate in at least 30 minutes of moderate to vigorous physical activity for a half-day program and at least 60 minutes of moderate to vigorous physical activity for a full-day program;

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

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

(A) makes healthy foods, including fruits and vegetables that are fresh, frozen, dried, or canned in their own juice or water, without added sugar, available to program attendees during meals or snacks; and

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

(5) the before-school or after-school program complies with the following guidelines relating to the serving and consumption of beverages:

(A) program attendees are served water, low-fat or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;

(B) safe, clean drinking water is available and accessible at all times to program attendees and staff; and

(C) beverages with added sugar are not served to program attendees or consumed by staff in the presence of program attendees during the operational hours of the program; and

(6) 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 program attendees at least four times each year.

(d) The staff training described by Subsection (c)(1) must comply with the requirements of the National Institute on Out-of-School Time, the Healthy Out-of-School Time Coalition, or other similar programs. The training may be completed in person or online.

(e) The commission shall establish the following levels of recognition for before-school and after-school programs applying for recognition under this section:

(1) bronze status for a before-school or after-school program that:

(A) meets the staff training requirements provided by Subsection (c)(1); and

(B) complies with at least one other requirement listed in Subsection (c);

(2) silver status for a before-school or after-school program that:

(A) meets the staff training requirements provided by Subsection (c)(1); and

(B) complies with at least three other requirements listed in Subsection (c); and

(3) gold status for a before-school or after-school program that:

(A) meets the staff training requirements provided by Subsection (c)(1); and

(B) complies with at least four other requirements listed in Subsection (c).

(f) The commission, as it determines appropriate, may provide technical assistance to before-school and after-school programs seeking to advance to a higher recognition level under Subsection (e).

(g) A before-school or after-school program that meets the requirements for a recognition level provided by Subsection (e) may create a corresponding recognition certificate using a certificate template created by the commission. A recognition certificate expires on December 31 of each odd-numbered year. A program may renew a recognition certificate if the program applies for renewal not later than January 1 of the year after the date a recognition certificate expires.

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

(1) resources and links that a before-school or after-school program may use to meet the requirements of Subsection (c); 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 program's recognition level.

(i) The commission 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 commission's Internet website. The list must include the program's recognition level and the date the program's recognition certificate expires.

(j) The requirements of this section are in addition to any other requirement imposed by law that applies to a before-school or after-school program.

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

SECTION 2. This Act takes effect January 1, 2020.