By: Hinojosa S.B. No. 1533
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Education; April 20, 2011,
reported favorably by the following vote: Yeas 8, Nays 0;
April 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on school districts making available to
students food containing industrially produced trans fat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0111 to read as follows:
Sec. 38.0111. RESTRICTIONS ON FOOD CONTAINING INDUSTRIALLY
PRODUCED TRANS FAT. (a) In this section:
(1) "Industrially produced trans fat" includes
vegetable shortening, margarine, and partially hydrogenated
vegetable oil.
(2) "School food service establishment" means a place
that regularly sells or serves food on a school campus.
(b) Except as provided by Subsection (c) or (d), a school
district may not make available to students through a vending
machine or a school food service establishment a food that contains
industrially produced trans fat or that was prepared using another
food that contains industrially produced trans fat.
(c) Subsection (b) does not apply on a day that school is not
in session or:
(1) earlier than 30 minutes before the beginning of
the first scheduled class of the day; or
(2) later than 30 minutes after the conclusion of the
last scheduled class of the day.
(d) Subsection (b) does not apply to a food that:
(1) is provided to a school district as part of a
United States Department of Agriculture meal program; or
(2) contains zero grams of trans fat per serving,
according to the manufacturer's documentation or the label on the
food, as required by state or federal law or regulations.
(e) The commissioner may adopt rules as necessary for the
administration of this section.
SECTION 2. Section 38.0111, Education Code, as added by
this Act, applies beginning with the 2012-2013 school year.
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, 2011.
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