82R8687 JSC-D
By: Miles H.B. No. 2199
A BILL TO BE ENTITLED
AN ACT
relating to nutrition and physical activity policies, standards,
and requirements for child-care facilities and programs for
children under the age of six.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Chapter 116, Health and Safety Code, is
amended by adding Section 116.0091 to read as follows:
Sec. 116.0091. IMPLEMENTATION OF NUTRITION AND PHYSICAL
ACTIVITY POLICIES, STANDARDS, AND REQUIREMENTS; RULES. (a) The
council, based on the plan developed under Section 116.009, shall
create proposed nutrition and physical activity policies,
standards, and requirements for child-care facilities serving, and
programs involving, children under the age of six.
(b) In consultation with the council, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement nutrition and physical activity policies,
standards, and requirements in child-care facilities serving, and
programs involving, children under the age of six. The rules must
apply to each child-care facility or program that operates under a
license issued by this state.
(c) The executive commissioner of the Health and Human
Services Commission may develop voluntary nutrition and physical
activity guidelines for child-care providers that serve children
under the age of six and that are not subject to the rules adopted
under Subsection (b).
(b) The Early Childhood Health and Nutrition Interagency
Council shall solicit public comment on proposed policies,
standards, and requirements created under Section 116.0091(a),
Health and Safety Code, as added by this Act, not later than October
1, 2011, and shall particularly solicit comment from schools and
parents.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt the rules required by Section
116.0091(b), Health and Safety Code, as added by this Act, not later
than July 1, 2012, for implementation starting with the 2012-2013
school year. In adopting rules under this section, the executive
commissioner shall consider public comment received by the Early
Childhood Health and Nutrition Interagency Council under
Subsection (b) of this section, as well as any public comment
received during the rulemaking process.
SECTION 2. (a) Chapter 115, Health and Safety Code, as
added by Chapter 733 (S.B. 395), Acts of the 81st Legislature,
Regular Session, 2009, is amended by adding Section 115.0091 to
read as follows:
Sec. 115.0091. IMPLEMENTATION OF NUTRITION AND PHYSICAL
ACTIVITY POLICIES, STANDARDS, AND REQUIREMENTS; RULES. (a) The
council, based on the plan developed under Section 115.009, shall
create proposed nutrition and physical activity policies,
standards, and requirements for child-care facilities serving, and
programs involving, children under the age of six.
(b) In consultation with the council, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement nutrition and physical activity policies,
standards, and requirements in child-care facilities serving, and
programs involving, children under the age of six. The rules must
apply to each child-care facility or program that operates under a
license issued by this state.
(c) The executive commissioner of the Health and Human
Services Commission may develop voluntary nutrition and physical
activity guidelines for child-care providers that serve children
under the age of six and that are not subject to the rules adopted
under Subsection (b).
(b) The Early Childhood Health and Nutrition Interagency
Council shall solicit public comment on proposed policies,
standards, and requirements created under Section 115.0091(a),
Health and Safety Code, as added by this Act, not later than October
1, 2011, and shall particularly solicit comment from schools and
parents.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt the rules required by Section
115.0091(b), Health and Safety Code, as added by this Act, not later
than July 1, 2012, for implementation starting with the 2012-2013
school year. In adopting rules under this section, the executive
commissioner shall consider public comment received by the Early
Childhood Health and Nutrition Interagency Council under
Subsection (b) of this section, as well as any public comment
received during the rulemaking process.
SECTION 3. (a) Section 1 of this Act takes effect only if
the Act of the 82nd Legislature, Regular Session, 2011, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Section 2 of this Act takes effect only if the Act of the
82nd Legislature, Regular Session, 2011, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
SECTION 4. This Act takes effect September 1, 2011.