81R3279 SJM-D
By: Lucio S.B. No. 395
A BILL TO BE ENTITLED
AN ACT
relating to creation of the Early Childhood Health and Nutrition
Interagency Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 115 to read as follows:
CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY
COUNCIL
Sec. 115.001. DEFINITION. In this chapter, "council" means
the Early Childhood Health and Nutrition Interagency Council.
Sec. 115.002. APPLICATION OF SUNSET ACT. The Early
Childhood Health and Nutrition Interagency Council is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the council is abolished
and this chapter expires September 1, 2019.
Sec. 115.003. COMPOSITION OF COUNCIL; PRESIDING OFFICER.
(a) The Department of Agriculture shall establish the Early
Childhood Health and Nutrition Interagency Council. The council is
composed of six members as follows:
(1) a representative of the Health and Human Services
Commission's Office of Program Coordination for Children and Youth,
appointed by the executive commissioner of the Health and Human
Services Commission;
(2) a representative of the Department of State Health
Services' Chronic Disease Prevention Branch, appointed by the
commissioner of state health services;
(3) a representative of the Texas Workforce
Commission, appointed by the executive director of the Texas
Workforce Commission;
(4) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(5) a representative of the Texas Education Agency's
Health and Safety Division, appointed by the commissioner of
education; and
(6) a representative of the Department of Family and
Protective Services' Child Care Licensing Division, appointed by
the commissioner of the Department of Family and Protective
Services.
(b) The representative appointed under Subsection (a)(4)
shall serve as the presiding officer of the council.
Sec. 115.004. DEPARTMENT DUTIES. The Department of
Agriculture shall provide staff and resources as necessary for the
operation of the council.
Sec. 115.005. TERMS; VACANCY. (a) Members of the council
serve staggered, two-year terms, with the terms of members
appointed under Sections 115.003(a)(1) through (3) expiring
February 1 of each odd-numbered year and the terms of members
appointed under Sections 115.003(a)(4) through (6) expiring
February 1 of each even-numbered year.
(b) A member may be reappointed.
(c) A vacancy on the council shall be filled for the
remainder of the unexpired term in the same manner as provided by
Section 115.003(a).
Sec. 115.006. MEETINGS. (a) The council shall meet in
person once each quarter and hold at least four meetings by
conference call each year. The council may invite stakeholders to
participate in council meetings. Section 551.125, Government Code,
applies to a meeting held by conference call under this section,
except that Section 551.125(b) does not apply.
(b) Not later than August 1, 2010, the council shall provide
three or more opportunities for public input, including two or more
public hearings, to receive stakeholder input. This subsection
expires September 1, 2010.
Sec. 115.007. COUNCIL POWERS AND DUTIES. (a) The council
shall conduct research to assess:
(1) the health of children under the age of five in
this state compared to the health of similar children in other
states;
(2) the significance of nutrition and physical
activity in the development of children under the age of six; and
(3) the effectiveness of nutrition and physical
activity requirements and practices in early childhood care
settings.
(b) The council shall review the status of the programs
administered by each agency represented on the council that promote
health and nutrition in early childhood care settings.
(c) The council shall consult with key stakeholders to
identify:
(1) barriers to improving nutrition and physical
activity standards in early childhood care settings; and
(2) best practices for improving early childhood
health through nutrition and physical activity.
(d) The council may contract with a university to study and
report on best practices and obstacles for addressing early
childhood health through nutrition and physical activity.
Sec. 115.008. COMPENSATION; REIMBURSEMENT. (a) A member
of the council may not receive compensation for service on the
council.
(b) A member shall be reimbursed for the member's actual and
necessary expenses for meals, lodging, transportation, and
incidental expenses incurred while performing council business,
subject to any applicable limitation on reimbursement prescribed by
the General Appropriations Act.
Sec. 115.009. EARLY CHILDHOOD NUTRITION AND ACTIVITY PLAN.
(a) The council shall develop an early childhood nutrition and
activity plan for implementation over a six-year period. The plan
must address the financing, staffing, and training required to
implement the plan and must include methods to:
(1) increase fruit and vegetable consumption among
children under the age of six;
(2) increase daily structured and unstructured
physical activity in early childhood care settings;
(3) increase awareness among parents of the benefits
of breast-feeding;
(4) facilitate the consumption of breast milk in early
childhood care settings;
(5) decrease malnutrition and undernourishment among
children under the age of six; and
(6) engage existing community and state resources and
service providers to educate and increase the awareness of parents
and caretakers regarding the need for proper nutrition.
(b) The council, not later than November 1, 2010, shall
submit a written early childhood nutrition and activity plan to the
legislature and the governor. This subsection expires December 1,
2010.
Sec. 115.010. GIFTS, GRANTS, AND DONATIONS. The council
may accept a gift, grant, or donation from any source to carry out
the purposes of this chapter.
Sec. 115.011. REPORT. The council shall submit to both
houses of the legislature and the governor on or before November 1
of each even-numbered year a written report on:
(1) the actions taken in furtherance of the six-year
plan; and
(2) the areas that need improvement in implementing
the plan.
Sec. 115.012. RULES. The commissioner of agriculture may
adopt rules necessary to implement this chapter.
SECTION 2. (a) The Early Childhood Health and Nutrition
Interagency Council shall submit an initial report required under
Section 115.011, Health and Safety Code, as added by this Act, not
later than November 1, 2012.
(b) As soon as practicable after the effective date of this
Act, the designated appointing officials shall appoint the members
to the Early Childhood Health and Nutrition Interagency Council
established under Chapter 115, Health and Safety Code, as added by
this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.