Texas 2009 - 81st Regular

Texas Senate Bill SB395 Compare Versions

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1	1	S.B. No. 395
2	2
3	3
4	4	AN ACT
5	5	relating to creation of the Early Childhood Health and Nutrition
6	6	Interagency Council.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
9	9	amended by adding Chapter 115 to read as follows:
10	10	CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY
11	11	COUNCIL
12	12	Sec. 115.001. DEFINITION. In this chapter, "council" means
13	13	the Early Childhood Health and Nutrition Interagency Council.
14	14	Sec. 115.002. APPLICATION OF SUNSET ACT. The Early
15	15	Childhood Health and Nutrition Interagency Council is subject to
16	16	Chapter 325, Government Code (Texas Sunset Act). Unless continued
17	17	in existence as provided by that chapter, the council is abolished
18	18	and this chapter expires September 1, 2019.
19	19	Sec. 115.003. COMPOSITION OF COUNCIL; PRESIDING OFFICER.
20	20	(a) The Department of Agriculture shall establish the Early
21	21	Childhood Health and Nutrition Interagency Council. The council is
22	22	composed of eight members as follows:
23	23	(1) a representative of the Health and Human Services
24	24	Commission who is involved in the coordination of children's
25	25	programs, appointed by the executive commissioner of the Health and
26	26	Human Services Commission;
27	27	(2) a representative of the Department of State Health
28	28	Services' health promotion and chronic disease prevention
29	29	programs, appointed by the commissioner of state health services;
30	30	(3) a representative of the Department of State Health
31	31	Services' Special Supplemental Nutrition Program for Women,
32	32	Infants and Children, appointed by the commissioner of state health
33	33	services;
34	34	(4) a representative of the Texas Workforce
35	35	Commission, appointed by the executive director of the Texas
36	36	Workforce Commission;
37	37	(5) a representative of the Department of Agriculture,
38	38	appointed by the commissioner of agriculture;
39	39	(6) a representative of the Texas Education Agency's
40	40	school health programs, appointed by the commissioner of education;
41	41	(7) a representative of the Department of Family and
42	42	Protective Services' Child Care Licensing Division, appointed by
43	43	the commissioner of the Department of Family and Protective
44	44	Services; and
45	45	(8) a representative of the Texas AgriLife Extension
46	46	Service, appointed by the director of the Texas AgriLife Extension
47	47	Service.
48	48	(b) The representative appointed under Subsection (a)(5)
49	49	shall serve as the presiding officer of the council.
50	50	Sec. 115.004. DEPARTMENT DUTIES. The Department of
51	51	Agriculture shall provide staff and resources as necessary for the
52	52	operation of the council.
53	53	Sec. 115.005. TERMS; VACANCY. (a) Members of the council
54	54	serve two-year terms, with the terms expiring February 1 of each
55	55	odd-numbered year.
56	56	(b) A member may be reappointed.
57	57	(c) A vacancy on the council shall be filled for the
58	58	remainder of the unexpired term in the same manner as provided by
59	59	Section 115.003(a).
60	60	Sec. 115.006. MEETINGS. (a) The council shall meet in
61	61	person three times each year and may hold meetings by conference
62	62	call as necessary. The council shall invite stakeholders to
63	63	participate in at least two council meetings each year and provide
64	64	an opportunity for submission of oral or written testimony. The
65	65	council at a minimum shall invite:
66	66	(1) one individual with expertise in early childhood
67	67	nutrition and physical activity, such as a registered dietician,
68	68	physical therapist, or physical education specialist;
69	69	(2) one staff member or manager of a child-care
70	70	facility;
71	71	(3) one staff member or manager of a child-care
72	72	facility operated in a private residence;
73	73	(4) two individuals with medical experience in early
74	74	childhood health, such as a family practice physician, registered
75	75	nurse, nurse practitioner, pediatrician, or child health
76	76	consultant;
77	77	(5) one representative from a nonprofit organization
78	78	that provides family or wellness services; and
79	79	(6) one representative from an agency or organization
80	80	with expertise in community health education and outreach, such as
81	81	a local health department, public relations or marketing firm, or
82	82	university.
83	83	(b) Section 551.125, Government Code, applies to a meeting
84	84	held by conference call under this section, except that Section
85	85	551.125(b), Government Code, does not apply.
86	86	(c) Not later than August 1, 2010, the council shall provide
87	87	three or more opportunities for public input, including two or more
88	88	public hearings, to receive stakeholder input. This subsection
89	89	expires September 1, 2010.
90	90	Sec. 115.007. COUNCIL POWERS AND DUTIES. (a) The council
91	91	shall review current research to assess:
92	92	(1) the health of children under the age of six in this
93	93	state compared to the health of similar children in other states;
94	94	(2) the significance of nutrition and physical
95	95	activity in the development of children under the age of six; and
96	96	(3) the existence of nutrition and physical activity
97	97	requirements and practices in early childhood care settings.
98	98	(b) The council shall review the status of the programs
99	99	administered by each agency represented on the council that promote
100	100	healthy nutrition and physical activity in early childhood care
101	101	settings.
102	102	(c) The council shall identify existing state and federal
103	103	funding sources available for the promotion of health and nutrition
104	104	in early childhood care settings.
105	105	(d) The council shall consult with key stakeholders to
106	106	identify:
107	107	(1) barriers to improving nutrition and physical
108	108	activity standards in early childhood care settings; and
109	109	(2) evidence-based best practices for improving early
110	110	childhood health through nutrition and physical activity.
111	111	(e) The Department of Agriculture for the council may
112	112	contract with a university to study and report on best practices and
113	113	obstacles for addressing early childhood health through nutrition
114	114	and physical activity.
115	115	Sec. 115.008. COMPENSATION; REIMBURSEMENT. (a) A member
116	116	of the council may not receive compensation for service on the
117	117	council.
118	118	(b) A member may be reimbursed for the member's actual and
119	119	necessary expenses for meals, lodging, transportation, and
120	120	incidental expenses incurred while performing council business,
121	121	subject to any applicable limitation on reimbursement prescribed by
122	122	the General Appropriations Act.
123	123	Sec. 115.009. EARLY CHILDHOOD NUTRITION AND PHYSICAL
124	124	ACTIVITY PLAN. (a) The council shall develop an early childhood
125	125	nutrition and physical activity plan with a recommended timeline
126	126	for implementation over a six-year period.
127	127	(b) The six-year plan must account for stakeholder
128	128	recommendations, address the financing, staffing, and training
129	129	required to implement the plan, and include methods to:
130	130	(1) increase fruit and vegetable consumption among
131	131	children under the age of six;
132	132	(2) increase daily structured and unstructured
133	133	physical activity in early childhood care settings;
134	134	(3) increase awareness among parents of the benefits
135	135	of breast-feeding, healthy eating, and appropriate activity in
136	136	children under the age of six;
137	137	(4) facilitate the consumption of breast milk in early
138	138	childhood care settings;
139	139	(5) decrease malnutrition and undernourishment among
140	140	children under the age of six; and
141	141	(6) engage existing community and state resources and
142	142	service providers to educate and increase the awareness of parents
143	143	and caretakers regarding the need for proper nutrition.
144	144	(c) The council, not later than November 1, 2010, shall
145	145	submit a written early childhood nutrition and physical activity
146	146	plan to the legislature and the governor. This subsection expires
147	147	December 1, 2010.
148	148	Sec. 115.010. GIFTS, GRANTS, AND DONATIONS. The Department
149	149	of Agriculture for the council may accept a gift, grant, or donation
150	150	from any source to carry out the purposes of this chapter.
151	151	Sec. 115.011. REPORT. The council shall submit to both
152	152	houses of the legislature and the governor on or before November 1
153	153	of each even-numbered year a written report on:
154	154	(1) the actions taken in furtherance of the six-year
155	155	plan;
156	156	(2) the areas that need improvement in implementing
157	157	the six-year plan;
158	158	(3) any change to the six-year plan; and
159	159	(4) the programs and practices that address nutrition
160	160	and physical activity in early childhood settings in this state.
161	161	Sec. 115.012. RULES. The commissioner of agriculture may
162	162	adopt rules necessary to implement this chapter.
163	163	SECTION 2. (a) The Early Childhood Health and Nutrition
164	164	Interagency Council shall submit an initial report required under
165	165	Section 115.011, Health and Safety Code, as added by this Act, not
166	166	later than November 1, 2012.
167	167	(b) As soon as practicable after the effective date of this
168	168	Act, the designated appointing officials shall appoint the members
169	169	to the Early Childhood Health and Nutrition Interagency Council
170	170	established under Chapter 115, Health and Safety Code, as added by
171	171	this Act.
172	172	SECTION 3. This Act takes effect immediately if it receives
173	173	a vote of two-thirds of all the members elected to each house, as
174	174	provided by Section 39, Article III, Texas Constitution. If this
175	175	Act does not receive the vote necessary for immediate effect, this
176	176	Act takes effect September 1, 2009.
177	177	______________________________ ______________________________
178	178	President of the Senate Speaker of the House
179	179	I hereby certify that S.B. No. 395 passed the Senate on
180	180	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
181	181	the Senate concurred in House amendment on May 28, 2009, by the
182	182	following vote: Yeas 31, Nays 0.
183	183	______________________________
184	184	Secretary of the Senate
185	185	I hereby certify that S.B. No. 395 passed the House, with
186	186	amendment, on May 19, 2009, by the following vote: Yeas 81,
187	187	Nays 61, two present not voting.
188	188	______________________________
189	189	Chief Clerk of the House
190	190	Approved:
191	191	______________________________
192	192	Date
193	193	______________________________
194	194	Governor