Texas 2009 - 81st Regular

Texas House Bill HB3327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5946 JSC-D
2	2	By: Castro H.B. No. 3327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of the interagency obesity council and the
8	8	Department of Agriculture relating to health, wellness, and
9	9	prevention of obesity.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 114, Health and Safety Code, is amended
12	12	to read as follows:
13	13	CHAPTER 114. INTERAGENCY OBESITY COUNCIL
14	14	Sec. 114.001. DEFINITION. In this chapter, "council" means
15	15	the interagency obesity council created by this chapter.
16	16	Sec. 114.002. INTERAGENCY OBESITY COUNCIL. The council is
17	17	composed of the [(a) The] commissioner of agriculture, the
18	18	commissioner of state health services, and the commissioner of
19	19	education, or a staff member designated by each of those
20	20	commissioners.
21	21	Sec. 114.003. CONTRACTS FOR ASSISTANCE. The council may
22	22	contract with a private or public university to assist in gathering
23	23	information under this chapter.
24	24	Sec. 114.004. GIFTS AND GRANTS. An agency represented on
25	25	the council may accept gifts and grants on behalf of the council.
26	26	Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The council[,]
27	27	shall review [meet at least once a year as an interagency council
28	28	to:
29	29	[(1) discuss] the status of the [each agency's]
30	30	programs of the Department of Agriculture, the Department of State
31	31	Health Services, and the Texas Education Agency that promote better
32	32	health and nutrition and prevent obesity among children and adults
33	33	in this state[; and
34	34	[(2) consider the feasibility of tax incentives for
35	35	employers who promote activities designed to reduce obesity in the
36	36	workforce].
37	37	Sec. 114.006. EVIDENCE-BASED PUBLIC HEALTH AWARENESS PLAN.
38	38	(a) The council shall create an evidence-based public health
39	39	awareness plan. In creating the plan, the council shall explore
40	40	past successful public health awareness efforts.
41	41	(b) The plan must include:
42	42	(1) a cost estimate that accounts for continuing
43	43	implementation of the plan;
44	44	(2) recommendations on reaching populations that
45	45	would most benefit from increased public health awareness; and
46	46	(3) recommendations on encouraging employers to
47	47	participate in wellness programs for employees.
48	48	(c) The council shall solicit input on the plan from the
49	49	private sector.
50	50	(d) The council shall provide to the Department of State
51	51	Health Services information on effective strategies for employers
52	52	to use to promote workplace wellness, including information on the
53	53	projected costs and benefits. The Department of State Health
54	54	Services shall post the information on its Internet website.
55	55	Sec. 114.007. STATE-ENDORSED HEALTHY FOOD AND BEVERAGE
56	56	DESIGNATION. (a) The Department of Agriculture, in consultation
57	57	with the council, shall study the feasibility, practicality, and
58	58	potential benefit, cost, and revenue associated with creating a
59	59	state-endorsed "healthy food and beverage" designation.
60	60	(b) If the Department of Agriculture determines that the
61	61	creation and implementation of a "healthy food and beverage"
62	62	designation is feasible, the department, in consultation with the
63	63	council, shall identify ways to note the following information on
64	64	qualifying products:
65	65	(1) serving size;
66	66	(2) nutrient class or family; and
67	67	(3) the role of the product as part of a healthy,
68	68	well-balanced diet.
69	69	(c) Not later than January 15, 2011, the Department of
70	70	Agriculture shall submit a report to the governor, the lieutenant
71	71	governor, and the speaker of the house of representatives regarding
72	72	the feasibility of creating and implementing a state-endorsed
73	73	"healthy food and beverage" designation. The report required under
74	74	this subsection may be included with the report of the council
75	75	required under Section 114.008.
76	76	(d) The Department of Agriculture may contract with a
77	77	private or public university to assist in gathering information
78	78	under this section.
79	79	(e) This section expires September 2, 2011.
80	80	Sec. 114.008. REPORTS. (a)[(b)] Not later than January 15
81	81	of each odd-numbered year, the [interagency] council shall submit a
82	82	report to the governor, the lieutenant governor, and the speaker of
83	83	the house of representatives on the activities of the council under
84	84	Sections 114.005 and 114.006 during the preceding two calendar
85	85	years.
86	86	(b)[(c)] A report submitted by the [interagency] council
87	87	under Subsection (a) [(b)] must include the following information
88	88	regarding discussions of agency programs under Section 114.005:
89	89	(1) a list of the programs within each agency
90	90	represented on the council that are designed to promote better
91	91	health and nutrition;
92	92	(2) an assessment of the steps taken by each program
93	93	during the preceding two calendar years;
94	94	(3) a report of the progress made by taking these steps
95	95	in reaching each program's goals;
96	96	(4) the areas of improvement that are needed in each
97	97	program; and
98	98	(5) recommendations for future goals or legislation.
99	99	(c) A report submitted by the council under Subsection (a)
100	100	must include the following information regarding the
101	101	evidence-based public health awareness plan under Section 114.006:
102	102	(1) a cost estimate for an ongoing program to
103	103	implement the plan;
104	104	(2) projected benefits of the program;
105	105	(3) a summary of the information provided to the Texas
106	106	Department of State Health Services for its Internet website; and
107	107	(4) recommendations for goals and future legislation.
108	108	Sec. 114.009. MEETINGS. (a) The council shall meet at
109	109	least once each year to perform its duties under Sections 114.005
110	110	and 114.006.
111	111	(b) [(d)] A meeting held under this chapter [section] is not
112	112	subject to the provisions of the open meetings law, Chapter 551,
113	113	Government Code.
114	114	SECTION 2. This Act takes effect September 1, 2009.