| 1 | 1 | | 84R7364 DDT-F |
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| 2 | 2 | | By: Lucio III H.B. No. 2824 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to food and beverages available from a vending machine |
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| 8 | 8 | | located on property owned or leased by the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2203, Government Code, is amended by |
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| 11 | 11 | | adding Section 2203.006 to read as follows: |
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| 12 | 12 | | Sec. 2203.006. STANDARDS FOR VENDING MACHINE FOOD AND |
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| 13 | 13 | | BEVERAGES. (a) In this section, "department" means the Department |
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| 14 | 14 | | of State Health Services. |
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| 15 | 15 | | (b) This section applies to food and beverages offered in a |
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| 16 | 16 | | vending machine that is located on property that is owned or leased |
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| 17 | 17 | | by the state, including a vending machine operated under Chapter |
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| 18 | 18 | | 94, Human Resources Code. |
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| 19 | 19 | | (c) Food and beverages to which this section applies must |
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| 20 | 20 | | meet minimum nutrition standards adopted by rule by the department. |
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| 21 | 21 | | (d) The minimum nutrition standards must ensure that: |
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| 22 | 22 | | (1) food offered in a vending machine: |
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| 23 | 23 | | (A) contains zero grams of trans fatty acids per |
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| 24 | 24 | | serving, as defined by the United States Food and Drug |
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| 25 | 25 | | Administration; and |
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| 26 | 26 | | (B) contains not more than: |
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| 27 | 27 | | (i) 230 milligrams of sodium per serving if |
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| 28 | 28 | | the food is not a refrigerated meal or other individual meal item; |
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| 29 | 29 | | or |
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| 30 | 30 | | (ii) 480 milligrams of sodium per serving |
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| 31 | 31 | | if the food is a refrigerated meal or other individual meal item; |
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| 32 | 32 | | (2) at least half of the beverage choices offered in a |
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| 33 | 33 | | vending machine, excluding unsweetened milk and 100 percent juice, |
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| 34 | 34 | | contain less than 40 calories per serving; |
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| 35 | 35 | | (3) any milk offered is two percent, one percent, or |
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| 36 | 36 | | nonfat; |
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| 37 | 37 | | (4) if juice is offered, at least one offering is 100 |
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| 38 | 38 | | percent juice with no added sweetener; and |
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| 39 | 39 | | (5) any vegetable juice offered contains not more than |
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| 40 | 40 | | 230 milligrams of sodium per serving. |
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| 41 | 41 | | (e) In addition to the minimum nutrition standards required |
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| 42 | 42 | | under Subsection (d)(1), at least 25 percent of packaged foods that |
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| 43 | 43 | | are offered in a vending machine, other than nuts and seeds that do |
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| 44 | 44 | | not have added fats, oils, or sweeteners, must: |
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| 45 | 45 | | (1) have a calorie content made up of: |
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| 46 | 46 | | (A) not more than 10 percent saturated fat; and |
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| 47 | 47 | | (B) not more than 35 percent sugars, excluding |
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| 48 | 48 | | fruits and vegetables without added sweeteners; and |
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| 49 | 49 | | (2) if the food is not a refrigerated meal or other |
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| 50 | 50 | | individual meal item, have less than 200 calories. |
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| 51 | 51 | | (f) A vending machine to which this section applies must |
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| 52 | 52 | | display the total calorie content for each item offered. |
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| 53 | 53 | | (g) The department may provide exceptions to the minimum |
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| 54 | 54 | | nutrition standards adopted under this section for certain vending |
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| 55 | 55 | | machines that are frequently used by persons with certain medical |
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| 56 | 56 | | or dietary profiles identified by the department. |
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| 57 | 57 | | (h) The department shall, at least every five years, review |
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| 58 | 58 | | and, if necessary, update the minimum nutrition standards adopted |
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| 59 | 59 | | under this section. In reviewing the standards, the department |
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| 60 | 60 | | shall consider advancements in nutrition science, dietary data, new |
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| 61 | 61 | | product availability, and updates to the Dietary Guidelines for |
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| 62 | 62 | | Americans, as published by the United States Department of |
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| 63 | 63 | | Agriculture and the United States Department of Health and Human |
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| 64 | 64 | | Services. |
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| 65 | 65 | | (i) A contract with a vendor for operation of a vending |
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| 66 | 66 | | machine to which this section applies must include a provision |
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| 67 | 67 | | requiring the vendor to offer food and beverages that meet the |
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| 68 | 68 | | minimum nutrition standards adopted by the department under this |
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| 69 | 69 | | section. |
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| 70 | 70 | | (j) The statewide wellness coordinator designated under |
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| 71 | 71 | | Section 664.053 shall provide information and resources to state |
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| 72 | 72 | | agencies to promote state employee wellness through implementing |
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| 73 | 73 | | the requirements of this section. |
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| 74 | 74 | | SECTION 2. (a) Not later than September 1, 2016, the |
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| 75 | 75 | | Department of State Health Services shall adopt rules to establish |
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| 76 | 76 | | minimum nutrition standards under Section 2203.006, Government |
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| 77 | 77 | | Code, as added by this Act. |
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| 78 | 78 | | (b) A state agency is not required to comply with Section |
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| 79 | 79 | | 2203.006, Government Code, as added by this Act, until September 1, |
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| 80 | 80 | | 2017. |
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| 81 | 81 | | (c) Section 2203.006(i), Government Code, as added by this |
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| 82 | 82 | | Act, applies only to a contract for vending machine services for |
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| 83 | 83 | | which a state agency first advertises or otherwise solicits bids, |
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| 84 | 84 | | proposals, offers, or qualifications on or after September 1, 2016. |
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| 85 | 85 | | SECTION 3. This Act takes effect immediately if it receives |
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| 86 | 86 | | a vote of two-thirds of all the members elected to each house, as |
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| 87 | 87 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 88 | 88 | | Act does not receive the vote necessary for immediate effect, this |
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| 89 | 89 | | Act takes effect September 1, 2015. |
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