HB25 - Relating to health and nutrition standards to promote healthy living; authorizing a civil penalty.

  89R23839 KRM-D     By: Hull, Frank, VanDeaver, Bucy, Pierson, H.B. No. 25       et al.     Substitute the following for H.B. No. 25:     By:  VanDeaver C.S.H.B. No. 25       A BILL TO BE ENTITLED   AN ACT   relating to health and nutrition standards to promote healthy   living; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.002, Education Code, is amended by   amending Subsections (l) and (l-1) and adding Subsections (l-4) and   (u) to read as follows:          (l)  A school district or open-enrollment charter school   shall require a student enrolled in full-day prekindergarten, in   kindergarten, or in a grade level below grade six to participate in   moderate or vigorous daily physical activity for at least 30   minutes throughout the school year as part of the district's or   school's physical education curriculum or through structured   activity during a school campus's daily recess. To the extent   practicable, a school district or open-enrollment charter school   shall require a student enrolled in prekindergarten on less than a   full-day basis to participate in the same type and amount of   physical activity as a student enrolled in full-day   prekindergarten. A school district or open-enrollment charter   school shall require students enrolled in grade levels six, seven,   and eight to participate in moderate or vigorous daily physical   activity for at least 30 minutes for at least six [ four ] semesters   during those grade levels as part of the district's or school's   physical education curriculum. If a school district or   open-enrollment charter school determines, for any particular   grade level below grade six, that requiring moderate or vigorous   daily physical activity is impractical due to scheduling concerns   or other factors, the district or school may as an alternative   require a student in that grade level to participate in moderate or   vigorous physical activity for at least 135 minutes during each   school week. Additionally, a school district or open-enrollment   charter school may as an alternative require a student enrolled in a   grade level for which the district or school uses block scheduling   to participate in moderate or vigorous physical activity for at   least 225 minutes during each period of two school weeks. A school   district or open-enrollment charter school must provide for an   exemption for:                (1)  any student who is unable to participate in the   required physical activity because of illness or disability; and                (2)  a middle school or junior high school student who   participates in an extracurricular activity with a moderate or   vigorous physical activity component that is considered a   structured activity under rules adopted by the commissioner.          (l-1)  In adopting rules relating to an activity described by   Subsection (l)(2), the commissioner shall  [ may ] permit an exemption   for a student who participates in a school-related activity or an   activity sponsored by a private league or club [ only ] if the student   provides proof of participation in the activity.           (l-4)     In providing a physical education curriculum under   Subsection (l), a school employee may not restrict participation   in:                 (1)     recess or other physical activity offered as part   of the district's or school's physical education curriculum for a   student enrolled in kindergarten or in a grade level below grade six   as a penalty for the student's academic performance or behavior; or                 (2)     physical activity offered as part of the   district's or school's physical education curriculum for a student   enrolled in grade level six, seven, or eight as a penalty for the   student's academic performance or behavior.           (u)     In adopting the essential knowledge and skills for the   health curriculum under Subsection (a)(2)(B) for a grade level from   kindergarten through grade eight, the State Board of Education   shall adopt essential knowledge and skills that include nutrition   instruction based on nutritional guidelines recommended by the   Texas Nutrition Advisory Committee established under Chapter 119B,   Health and Safety Code.          SECTION 2.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0115 to read as follows:           Sec.   28.0115.     ELECTIVE COURSE ON NUTRITION AND WELLNESS.   Each school district and open-enrollment charter school offering a   high school program shall provide an elective course in nutrition   and wellness that meets the requirements for a one-half elective   credit under Section 28.025, using materials the State Board of   Education approves.   The nutrition instruction:                 (1)     must include curriculum requirements based on   nutritional guidelines recommended by the Texas Nutrition Advisory   Committee established under Chapter 119B, Health and Safety Code;   and                 (2)     may incorporate other relevant material,   including culinary skills, horticulture, and consumer economics.          SECTION 3.  Subchapter F, Chapter 51, Education Code, is   amended by adding Section 51.3025 to read as follows:           Sec.   51.3025.     NUTRITION EDUCATION COURSEWORK. (a) In this   section, "institution of higher education" has the meaning assigned   by Section 61.003.           (b)     The Texas Higher Education Coordinating Board by rule   shall require institutions of higher education to require each   student enrolled in an associate or baccalaureate degree program at   the institution to complete a course of instruction in nutrition   education. The course must include curriculum requirements based   on nutritional guidelines recommended by the Texas Nutrition   Advisory Committee established under Chapter 119B, Health and   Safety Code.          SECTION 4.  Subchapter A, Chapter 63, Education Code, is   amended by adding Section 63.0025 to read as follows:           Sec.   63.0025.     REQUIRED NUTRITION CURRICULUM. A   health-related institution of higher education listed in Section   63.002(c) is eligible for distribution of money under this   subchapter only if the institution:                 (1)     develops nutrition curriculum requirements based   on nutritional guidelines recommended by the Texas Nutrition   Advisory Committee established under Chapter 119B, Health and   Safety Code; and                 (2)     requires all medical students or students in other   majors related to health care service provision who are enrolled at   the institution to successfully complete the curriculum   requirements developed under Subdivision (1).          SECTION 5.  Subchapter B, Chapter 63, Education Code, is   amended by adding Section 63.103 to read as follows:           Sec.   63.103.     REQUIRED NUTRITION CURRICULUM. A   health-related institution of higher education listed in Section   63.101(a) is eligible for distribution of money from a fund   established under this subchapter only if the institution:                 (1)     develops nutrition curriculum requirements based   on nutritional guidelines recommended by the Texas Nutrition   Advisory Committee established under Chapter 119B, Health and   Safety Code; and                 (2)     requires all medical students or students in other   majors related to health care service provision who are enrolled at   the institution to successfully complete the curriculum   requirements developed under Subdivision (1).          SECTION 6.  Subchapter C, Chapter 63, Education Code, is   amended by adding Section 63.2025 to read as follows:           Sec.   63.2025.     REQUIRED NUTRITION CURRICULUM. A   health-related institution providing graduate medical education is   eligible for a grant award under this subchapter only if the   institution:                 (1)     develops nutrition curriculum requirements based   on nutritional guidelines recommended by the Texas Nutrition   Advisory Committee established under Chapter 119B, Health and   Safety Code; and                 (2)     requires all students in nursing, allied health,   or other majors related to health care service provision who are   enrolled at the institution to successfully complete the curriculum   requirements developed under Subdivision (1).          SECTION 7.  Subchapter D, Chapter 63, Education Code, is   amended by adding Section 63.303 to read as follows:           Sec.   63.303.     REQUIRED NUTRITION CURRICULUM. A   health-related institution providing graduate medical education is   eligible for a grant award under this subchapter only if the   institution:                 (1)     develops nutrition curriculum requirements based   on nutritional guidelines recommended by the Texas Nutrition   Advisory Committee established under Chapter 119B, Health and   Safety Code; and                 (2)     requires all medical students or students in other   majors related to health care service provision who are enrolled at   the institution to successfully complete the curriculum   requirements developed under Subdivision (1).          SECTION 8.  Subtitle E, Title 2, Health and Safety Code, is   amended by adding Chapter 119B to read as follows:   CHAPTER 119B. TEXAS NUTRITION ADVISORY COMMITTEE           Sec.   119B.001.     DEFINITION. In this chapter, "advisory   committee" means the Texas Nutrition Advisory Committee.           Sec.   119B.002.     ADVISORY COMMITTEE ESTABLISHED. The Texas   Nutrition Advisory Committee is established to develop nutritional   guidelines for residents of this state. The advisory committee is   administratively attached to the department.           Sec.   119B.003.     MEMBERSHIP. (a)   The advisory committee is   composed of seven members appointed by the governor, including at   least:                 (1)     one expert in metabolic health, culinary medicine,   lifestyle medicine, or integrative medicine;                 (2)     one licensed physician certified in functional   medicine;                 (3)     one member representing the Texas Department of   Agriculture;                 (4)  one member representing a rural community;                 (5)  one member representing an urban community; and                 (6)     one pediatrician specializing in metabolic   health.           (b)     In appointing the advisory committee members, the   governor must:                 (1)  consider recommendations provided by:                       (A)     the chair of the senate committee on health   and human services;                       (B)     the chair of the house of representatives   committee on public health; and                       (C)     the chair of the house of representatives   committee on human services; and        &# [Text truncated for display. Full text available on Congress.gov.]