81R5946 JSC-D
By: Castro H.B. No. 3327
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the interagency obesity council and the
Department of Agriculture relating to health, wellness, and
prevention of obesity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 114, Health and Safety Code, is amended
to read as follows:
CHAPTER 114. INTERAGENCY OBESITY COUNCIL
Sec. 114.001. DEFINITION. In this chapter, "council" means
the interagency obesity council created by this chapter.
Sec. 114.002. INTERAGENCY OBESITY COUNCIL. The council is
composed of the [(a) The] commissioner of agriculture, the
commissioner of state health services, and the commissioner of
education, or a staff member designated by each of those
commissioners.
Sec. 114.003. CONTRACTS FOR ASSISTANCE. The council may
contract with a private or public university to assist in gathering
information under this chapter.
Sec. 114.004. GIFTS AND GRANTS. An agency represented on
the council may accept gifts and grants on behalf of the council.
Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The council[,]
shall review [meet at least once a year as an interagency council
to:
[(1) discuss] the status of the [each agency's]
programs of the Department of Agriculture, the Department of State
Health Services, and the Texas Education Agency that promote better
health and nutrition and prevent obesity among children and adults
in this state[; and
[(2) consider the feasibility of tax incentives for
employers who promote activities designed to reduce obesity in the
workforce].
Sec. 114.006. EVIDENCE-BASED PUBLIC HEALTH AWARENESS PLAN.
(a) The council shall create an evidence-based public health
awareness plan. In creating the plan, the council shall explore
past successful public health awareness efforts.
(b) The plan must include:
(1) a cost estimate that accounts for continuing
implementation of the plan;
(2) recommendations on reaching populations that
would most benefit from increased public health awareness; and
(3) recommendations on encouraging employers to
participate in wellness programs for employees.
(c) The council shall solicit input on the plan from the
private sector.
(d) The council shall provide to the Department of State
Health Services information on effective strategies for employers
to use to promote workplace wellness, including information on the
projected costs and benefits. The Department of State Health
Services shall post the information on its Internet website.
Sec. 114.007. STATE-ENDORSED HEALTHY FOOD AND BEVERAGE
DESIGNATION. (a) The Department of Agriculture, in consultation
with the council, shall study the feasibility, practicality, and
potential benefit, cost, and revenue associated with creating a
state-endorsed "healthy food and beverage" designation.
(b) If the Department of Agriculture determines that the
creation and implementation of a "healthy food and beverage"
designation is feasible, the department, in consultation with the
council, shall identify ways to note the following information on
qualifying products:
(1) serving size;
(2) nutrient class or family; and
(3) the role of the product as part of a healthy,
well-balanced diet.
(c) Not later than January 15, 2011, the Department of
Agriculture shall submit a report to the governor, the lieutenant
governor, and the speaker of the house of representatives regarding
the feasibility of creating and implementing a state-endorsed
"healthy food and beverage" designation. The report required under
this subsection may be included with the report of the council
required under Section 114.008.
(d) The Department of Agriculture may contract with a
private or public university to assist in gathering information
under this section.
(e) This section expires September 2, 2011.
Sec. 114.008. REPORTS. (a)[(b)] Not later than January 15
of each odd-numbered year, the [interagency] council shall submit a
report to the governor, the lieutenant governor, and the speaker of
the house of representatives on the activities of the council under
Sections 114.005 and 114.006 during the preceding two calendar
years.
(b)[(c)] A report submitted by the [interagency] council
under Subsection (a) [(b)] must include the following information
regarding discussions of agency programs under Section 114.005:
(1) a list of the programs within each agency
represented on the council that are designed to promote better
health and nutrition;
(2) an assessment of the steps taken by each program
during the preceding two calendar years;
(3) a report of the progress made by taking these steps
in reaching each program's goals;
(4) the areas of improvement that are needed in each
program; and
(5) recommendations for future goals or legislation.
(c) A report submitted by the council under Subsection (a)
must include the following information regarding the
evidence-based public health awareness plan under Section 114.006:
(1) a cost estimate for an ongoing program to
implement the plan;
(2) projected benefits of the program;
(3) a summary of the information provided to the Texas
Department of State Health Services for its Internet website; and
(4) recommendations for goals and future legislation.
Sec. 114.009. MEETINGS. (a) The council shall meet at
least once each year to perform its duties under Sections 114.005
and 114.006.
(b) [(d)] A meeting held under this chapter [section] is not
subject to the provisions of the open meetings law, Chapter 551,
Government Code.
SECTION 2. This Act takes effect September 1, 2009.