S.B. No. 395
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 eight members as follows:
(1) a representative of the Health and Human Services
Commission who is involved in the coordination of children's
programs, appointed by the executive commissioner of the Health and
Human Services Commission;
(2) a representative of the Department of State Health
Services' health promotion and chronic disease prevention
programs, appointed by the commissioner of state health services;
(3) a representative of the Department of State Health
Services' Special Supplemental Nutrition Program for Women,
Infants and Children, appointed by the commissioner of state health
services;
(4) a representative of the Texas Workforce
Commission, appointed by the executive director of the Texas
Workforce Commission;
(5) a representative of the Department of Agriculture,
appointed by the commissioner of agriculture;
(6) a representative of the Texas Education Agency's
school health programs, appointed by the commissioner of education;
(7) 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; and
(8) a representative of the Texas AgriLife Extension
Service, appointed by the director of the Texas AgriLife Extension
Service.
(b) The representative appointed under Subsection (a)(5)
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 two-year terms, with the terms expiring February 1 of each
odd-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 three times each year and may hold meetings by conference
call as necessary. The council shall invite stakeholders to
participate in at least two council meetings each year and provide
an opportunity for submission of oral or written testimony. The
council at a minimum shall invite:
(1) one individual with expertise in early childhood
nutrition and physical activity, such as a registered dietician,
physical therapist, or physical education specialist;
(2) one staff member or manager of a child-care
facility;
(3) one staff member or manager of a child-care
facility operated in a private residence;
(4) two individuals with medical experience in early
childhood health, such as a family practice physician, registered
nurse, nurse practitioner, pediatrician, or child health
consultant;
(5) one representative from a nonprofit organization
that provides family or wellness services; and
(6) one representative from an agency or organization
with expertise in community health education and outreach, such as
a local health department, public relations or marketing firm, or
university.
(b) Section 551.125, Government Code, applies to a meeting
held by conference call under this section, except that Section
551.125(b), Government Code, does not apply.
(c) 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 review current research to assess:
(1) the health of children under the age of six 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 existence 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
healthy nutrition and physical activity in early childhood care
settings.
(c) The council shall identify existing state and federal
funding sources available for the promotion of health and nutrition
in early childhood care settings.
(d) 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) evidence-based best practices for improving early
childhood health through nutrition and physical activity.
(e) The Department of Agriculture for 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 may 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 PHYSICAL
ACTIVITY PLAN. (a) The council shall develop an early childhood
nutrition and physical activity plan with a recommended timeline
for implementation over a six-year period.
(b) The six-year plan must account for stakeholder
recommendations, address the financing, staffing, and training
required to implement the plan, and 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, healthy eating, and appropriate activity in
children under the age of six;
(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.
(c) The council, not later than November 1, 2010, shall
submit a written early childhood nutrition and physical activity
plan to the legislature and the governor. This subsection expires
December 1, 2010.
Sec. 115.010. GIFTS, GRANTS, AND DONATIONS. The Department
of Agriculture for 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;
(2) the areas that need improvement in implementing
the six-year plan;
(3) any change to the six-year plan; and
(4) the programs and practices that address nutrition
and physical activity in early childhood settings in this state.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 395 passed the Senate on
March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 395 passed the House, with
amendment, on May 19, 2009, by the following vote: Yeas 81,
Nays 61, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor