H.B. No. 217
AN ACT
relating to the types of beverages that may be sold to students on
public school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.0021 to read as follows:
Sec. 12.0021. BEVERAGES ALLOWED TO BE SOLD TO STUDENTS ON
PUBLIC SCHOOL CAMPUSES. (a) Except as provided by Subsection (b),
a public elementary, middle, or junior high school may not sell or
allow to be sold to a student on the school campus any type of
beverage other than the following:
(1) water without added sweetener;
(2) milk with a fat content of one percent or less;
(3) fluid milk substitutions permitted by the United
States Department of Agriculture under 7 C.F.R. Section 210.10;
(4) 100 percent vegetable juice; or
(5) 100 percent fruit juice.
(b) Subsection (a) does not apply:
(1) on a day that school is not in session;
(2) before the beginning of the breakfast period;
(3) after the end of the last instruction period of the
day; or
(4) to the sale of a beverage to a high school student
on a school campus on which a high school is colocated with an
elementary, middle, or junior high school.
(c) The department may adopt rules as necessary to
administer this section.
SECTION 2. This Act applies only to a contract entered into
or renewed between a school district and a vendor on or after the
effective date of this Act. A contract entered into or renewed
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 217 was passed by the House on May 10,
2013, by the following vote: Yeas 95, Nays 44, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 217 was passed by the Senate on May
21, 2013, by the following vote: Yeas 19, Nays 11.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor