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A BILL TO BE ENTITLED
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AN ACT
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relating to food and beverages available from a vending machine |
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located on property used by a state agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2203, Government Code, is amended by |
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adding Section 2203.006 to read as follows: |
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Sec. 2203.006. STANDARDS FOR VENDING MACHINE FOOD AND |
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BEVERAGES. (a) In this section, "executive commissioner" means the |
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executive commissioner of the Health and Human Services Commission. |
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(b) This section applies to food and beverages offered in a |
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vending machine that is located on property that is: |
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(1) owned by the state and under the charge and control |
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of a state agency; or |
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(2) leased by the state for the use of a state agency. |
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(c) Food and beverages to which this section applies must |
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meet minimum nutrition standards adopted by rule by the executive |
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commissioner. |
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(d) The minimum nutrition standards must ensure that: |
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(1) food offered in a vending machine: |
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(A) contains zero grams of trans fatty acids per |
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serving, as defined by the United States Food and Drug |
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Administration; and |
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(B) contains not more than: |
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(i) 230 milligrams of sodium per serving if |
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the food is not a refrigerated meal or other individual meal item; |
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or |
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(ii) 480 milligrams of sodium per serving |
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if the food is a refrigerated meal or other individual meal item; |
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(2) at least half of the beverage choices offered in a |
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vending machine, excluding unsweetened milk and 100 percent juice, |
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contain less than 40 calories per serving; |
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(3) any milk offered is two percent, one percent, or |
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nonfat; |
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(4) if juice is offered, at least one offering is 100 |
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percent juice with no added sweetener; and |
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(5) any vegetable juice offered contains not more than |
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230 milligrams of sodium per serving. |
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(e) In addition to the minimum nutrition standards required |
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under Subsection (d)(1), at least 25 percent of packaged foods that |
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are offered in a vending machine, other than nuts and seeds that do |
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not have added fats, oils, or sweeteners, must: |
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(1) have a calorie content made up of: |
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(A) not more than 10 percent saturated fat; and |
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(B) not more than 35 percent sugars, excluding |
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fruits and vegetables without added sweeteners; and |
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(2) have less than 200 calories. |
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(f) A vending machine to which this section applies must |
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display the total calorie content for each item offered. |
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(g) The executive commissioner shall, at least every five |
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years, review and, if necessary, update the minimum nutrition |
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standards adopted under this section. In reviewing the standards, |
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the executive commissioner shall consider advancements in |
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nutrition science, dietary data, new product availability, and |
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updates to the Dietary Guidelines for Americans, as published by |
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the United States Department of Agriculture and the United States |
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Department of Health and Human Services. |
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(h) A contract with a vendor for operation of a vending |
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machine to which this section applies must include a provision |
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requiring the vendor to offer food and beverages that meet the |
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minimum nutrition standards adopted by the executive commissioner |
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under this section. |
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(i) The statewide wellness coordinator designated under |
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Section 664.053 shall provide information and resources to state |
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agencies to promote state employee wellness through implementing |
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the requirements of this section. |
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SECTION 2. (a) Not later than September 1, 2020, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt rules to establish minimum nutrition standards under |
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Section 2203.006, Government Code, as added by this Act. |
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(b) Except as provided by Subsection (c) of this section, a |
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state agency is not required to comply with Section 2203.006, |
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Government Code, as added by this Act, until September 1, 2021. |
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(c) Section 2203.006(h), Government Code, as added by this |
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Act, applies only to a contract for vending machine services for |
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which a state agency first advertises or otherwise solicits bids, |
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proposals, offers, or qualifications on or after September 1, 2020. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |