By: Nelson S.B. No. 224 (In the Senate - Filed November 18, 2010; January 31, 2011, read first time and referred to Committee on Education; April 18, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 18, 2011, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 224 By: West A BILL TO BE ENTITLED AN ACT relating to a program to recognize public schools with successful student health and fitness programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.027 to read as follows: Sec. 38.027. HEALTHY SCHOOLS RECOGNITION PROGRAM. (a) The commissioner shall establish a healthy schools recognition program under which schools are recognized for successfully implementing programs that encourage student health and fitness. (b) A school may apply to the commissioner for recognition as a gold, silver, or bronze healthy school. The commissioner shall determine whether a school qualifies for recognition and the level for which the school qualifies based on: (1) improvement in the results of the physical fitness assessment instrument administered under Subchapter C; (2) implementation of a coordinated health program under Section 38.014, if the school applying for recognition is an elementary school, middle school, or junior high school; (3) the involvement of the local school health advisory council established under Section 28.004; (4) compliance with student minimum physical activity requirements; and (5) any other criteria adopted by the commissioner. (c) The commissioner may determine that a school qualifies for recognition under this section based on the school's recognition for student health by a private or nonprofit entity. (d) The commissioner may establish partnerships with private and nonprofit entities to provide monetary and in-kind rewards to schools that receive recognition under the program as a healthy school. (e) The commissioner may solicit and accept a gift, grant, or donation from any source for the development or implementation of the program. (f) Any resources necessary to implement this section must come from a gift, grant, or donation received under Subsection (e). (g) The commissioner shall adopt rules necessary to implement this section. SECTION 2. This Act applies beginning with the 2011-2012 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. * * * * *