81R9096 CAS-D
By: Shapleigh S.B. No. 1528
A BILL TO BE ENTITLED
AN ACT
relating to advertising to promote good health by certain persons
who advertise food or beverages in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.028 to read as follows:
Sec. 38.028. ADVERTISING TO PROMOTE GOOD HEALTH. (a) A
vendor of a food or beverage that advertises a food or beverage on
school property or at a school-sponsored or school-related activity
on or off of school property and that directs any food or beverage
advertising in this state to children younger than 12 years of age
shall use at least 50 percent of the person's total expenditures for
school and school-related food and beverage advertising in this
state directed to children younger than 12 years of age to promote
healthy dietary choices, general good nutrition, or healthy
lifestyles. That advertising must be based on established
scientific or government standards for good nutrition or healthy
lifestyles.
(b) The commissioner of education, in consultation with the
commissioner of agriculture and persons with expertise in
children's nutrition or health, shall adopt rules as necessary to
administer this section, including rules to:
(1) ensure that information used in any advertisement
under Subsection (a) promoting good nutrition or a healthy
lifestyle is based on well-researched and validated science;
(2) define the advertising expenditures to which
Subsection (a) applies; and
(3) enforce the use of advertising expenditures in
compliance with Subsection (a).
SECTION 2. This Act takes effect September 1, 2009.