| 1 | 1 | | 81R3560 KKA-D |
|---|
| 2 | 2 | | By: Shapleigh S.B. No. 352 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a prohibition of trans fatty acids in meals provided to |
|---|
| 8 | 8 | | students by school districts. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 38.0111 to read as follows: |
|---|
| 12 | 12 | | Sec. 38.0111. TRANS FATTY ACIDS. (a) In providing meals to |
|---|
| 13 | 13 | | students at a campus, a school district may not, except as provided |
|---|
| 14 | 14 | | by Subsection (b), serve a food that contains trans fatty acids or |
|---|
| 15 | 15 | | that was prepared using another food that contains trans fatty |
|---|
| 16 | 16 | | acids. |
|---|
| 17 | 17 | | (b) This section does not prohibit a school district from |
|---|
| 18 | 18 | | serving: |
|---|
| 19 | 19 | | (1) a food that contains or was prepared using another |
|---|
| 20 | 20 | | food that contains only trans fatty acids that occur naturally in |
|---|
| 21 | 21 | | the food; |
|---|
| 22 | 22 | | (2) a commodity provided to the district by the United |
|---|
| 23 | 23 | | States Department of Agriculture or a food that was prepared using a |
|---|
| 24 | 24 | | commodity provided to the district by the United States Department |
|---|
| 25 | 25 | | of Agriculture; or |
|---|
| 26 | 26 | | (3) a food that contains only a trace amount of trans |
|---|
| 27 | 27 | | fatty acids, as determined by the commissioner rule. |
|---|
| 28 | 28 | | (c) In adopting rules for purposes of Subsection (b)(3), the |
|---|
| 29 | 29 | | commissioner shall consider any applicable standards of the United |
|---|
| 30 | 30 | | States Food and Drug Administration. |
|---|
| 31 | 31 | | (d) In complying with this section and selecting |
|---|
| 32 | 32 | | alternative foods and preparation methods to replace prohibited |
|---|
| 33 | 33 | | foods and preparation methods, a school district shall use the best |
|---|
| 34 | 34 | | possible alternatives that promote student health and are |
|---|
| 35 | 35 | | consistent with nutritional best practices. |
|---|
| 36 | 36 | | SECTION 2. This Act applies beginning with the 2010-2011 |
|---|
| 37 | 37 | | school year. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2009. |
|---|