| 1 | 1 | | By: Hinojosa S.B. No. 1533 |
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| 2 | 2 | | (In the Senate - Filed March 10, 2011; March 22, 2011, read |
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| 3 | 3 | | first time and referred to Committee on Education; April 20, 2011, |
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| 4 | 4 | | reported favorably by the following vote: Yeas 8, Nays 0; |
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| 5 | 5 | | April 20, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to restrictions on school districts making available to |
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| 11 | 11 | | students food containing industrially produced trans fat. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 14 | 14 | | amended by adding Section 38.0111 to read as follows: |
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| 15 | 15 | | Sec. 38.0111. RESTRICTIONS ON FOOD CONTAINING INDUSTRIALLY |
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| 16 | 16 | | PRODUCED TRANS FAT. (a) In this section: |
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| 17 | 17 | | (1) "Industrially produced trans fat" includes |
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| 18 | 18 | | vegetable shortening, margarine, and partially hydrogenated |
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| 19 | 19 | | vegetable oil. |
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| 20 | 20 | | (2) "School food service establishment" means a place |
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| 21 | 21 | | that regularly sells or serves food on a school campus. |
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| 22 | 22 | | (b) Except as provided by Subsection (c) or (d), a school |
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| 23 | 23 | | district may not make available to students through a vending |
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| 24 | 24 | | machine or a school food service establishment a food that contains |
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| 25 | 25 | | industrially produced trans fat or that was prepared using another |
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| 26 | 26 | | food that contains industrially produced trans fat. |
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| 27 | 27 | | (c) Subsection (b) does not apply on a day that school is not |
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| 28 | 28 | | in session or: |
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| 29 | 29 | | (1) earlier than 30 minutes before the beginning of |
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| 30 | 30 | | the first scheduled class of the day; or |
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| 31 | 31 | | (2) later than 30 minutes after the conclusion of the |
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| 32 | 32 | | last scheduled class of the day. |
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| 33 | 33 | | (d) Subsection (b) does not apply to a food that: |
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| 34 | 34 | | (1) is provided to a school district as part of a |
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| 35 | 35 | | United States Department of Agriculture meal program; or |
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| 36 | 36 | | (2) contains zero grams of trans fat per serving, |
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| 37 | 37 | | according to the manufacturer's documentation or the label on the |
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| 38 | 38 | | food, as required by state or federal law or regulations. |
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| 39 | 39 | | (e) The commissioner may adopt rules as necessary for the |
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| 40 | 40 | | administration of this section. |
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| 41 | 41 | | SECTION 2. Section 38.0111, Education Code, as added by |
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| 42 | 42 | | this Act, applies beginning with the 2012-2013 school year. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2011. |
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| 48 | 48 | | * * * * * |
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