| 1 | 1 | | 81R9096 CAS-D |
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| 2 | 2 | | By: Shapleigh S.B. No. 1528 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to advertising to promote good health by certain persons |
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| 8 | 8 | | who advertise food or beverages in public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.028 to read as follows: |
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| 12 | 12 | | Sec. 38.028. ADVERTISING TO PROMOTE GOOD HEALTH. (a) A |
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| 13 | 13 | | vendor of a food or beverage that advertises a food or beverage on |
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| 14 | 14 | | school property or at a school-sponsored or school-related activity |
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| 15 | 15 | | on or off of school property and that directs any food or beverage |
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| 16 | 16 | | advertising in this state to children younger than 12 years of age |
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| 17 | 17 | | shall use at least 50 percent of the person's total expenditures for |
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| 18 | 18 | | school and school-related food and beverage advertising in this |
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| 19 | 19 | | state directed to children younger than 12 years of age to promote |
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| 20 | 20 | | healthy dietary choices, general good nutrition, or healthy |
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| 21 | 21 | | lifestyles. That advertising must be based on established |
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| 22 | 22 | | scientific or government standards for good nutrition or healthy |
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| 23 | 23 | | lifestyles. |
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| 24 | 24 | | (b) The commissioner of education, in consultation with the |
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| 25 | 25 | | commissioner of agriculture and persons with expertise in |
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| 26 | 26 | | children's nutrition or health, shall adopt rules as necessary to |
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| 27 | 27 | | administer this section, including rules to: |
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| 28 | 28 | | (1) ensure that information used in any advertisement |
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| 29 | 29 | | under Subsection (a) promoting good nutrition or a healthy |
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| 30 | 30 | | lifestyle is based on well-researched and validated science; |
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| 31 | 31 | | (2) define the advertising expenditures to which |
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| 32 | 32 | | Subsection (a) applies; and |
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| 33 | 33 | | (3) enforce the use of advertising expenditures in |
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| 34 | 34 | | compliance with Subsection (a). |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2009. |
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