Texas 2017 - 85th Regular

Texas House Bill HB168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R19504 MCK-F
2		-	By: Lucio III H.B. No. 168
3		-	Substitute the following for H.B. No. 168:
4		-	By: King of Hemphill C.S.H.B. No. 168
	1	+	By: Lucio III, Rodriguez of Travis H.B. No. 168
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to creating a voluntary program to recognize licensed
10	7		before-school and after-school programs that promote healthy
11	8		eating and physical activity.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
14	11		is amended by adding Section 42.0429 to read as follows:
15	12		Sec. 42.0429. DISTINGUISHED BEFORE-SCHOOL AND AFTER-SCHOOL
16	13		HEALTH RECOGNITION PROGRAM. (a) In this section:
17	14		(1) "Program attendee" means a child enrolled in a
18	15		full-day or half-day before-school or after-school program.
19	16		(2) "Screen time" means time spent viewing television
20	17		or videos or working on computers, tablets, and handheld
21	18		entertainment devices, with or without Internet access.
22	19		(b) The department shall develop a voluntary program for
23	20		recognizing licensed before-school and after-school programs that
24		-	promote healthy eating and physical activity.
25		-	(c) The department may evaluate a before-school or
26		-	after-school program applying for recognition under this section
27		-	based on the program's compliance with the following requirements:
	21	+	promote healthy eating and physical activity. The recognition
	22	+	program must provide for the self-evaluation of a before-school or
	23	+	after-school program to determine the program's compliance with the
	24	+	requirements for recognition under Subsection (c).
	25	+	(c) A before-school or after-school program seeking
	26	+	recognition under this section shall evaluate the program's
	27	+	compliance with the following requirements:
28	28		(1) at least one staff member of the before-school or
29	29		after-school program is trained on the standards of this section
30	30		and the importance of modeling healthy eating and physical activity
31	31		in the presence of program attendees;
32	32		(2) the before-school or after-school program
33	33		provides opportunities for program attendees to participate in at
34	34		least 30 minutes of moderate to vigorous physical activity for a
35	35		half-day program and at least 60 minutes of moderate to vigorous
36	36		physical activity for a full-day program;
37	37		(3) the before-school or after-school program limits
38	38		screen time during the operational hours of the program to less than
39	39		30 minutes a day for a half-day program and two hours a day for a
40	40		full-day program, not including use in connection with homework or
41	41		an activity that engages program attendees in a physical activity
42	42		or educational experience;
43	43		(4) the before-school or after-school program:
44	44		(A) makes healthy foods, including fruits and
45	45		vegetables that are fresh, frozen, dried, or canned in their own
46	46		juice or water, without added sugar, available to program attendees
47	47		during meals or snacks; and
48	48		(B) encourages program attendees and staff while
49	49		in the presence of program attendees during the operational hours
50	50		of the program to not eat fried foods or foods that are primarily
51	51		sugar-based, are high in calories or sodium, or include trans fat;
52	52		(5) the before-school or after-school program
53	53		complies with the following guidelines relating to the serving and
54	54		consumption of beverages:
55	55		(A) program attendees are served water, low-fat
56	56		or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;
57	57		(B) safe, clean drinking water is available and
58	58		accessible at all times to program attendees and staff; and
59	59		(C) beverages with added sugar are not served to
60	60		program attendees or consumed by staff in the presence of program
61	61		attendees during the operational hours of the program; and
62	62		(6) the before-school or after-school program engages
63	63		parents, guardians, and caregivers of program attendees using
64	64		informational materials and activities focused on healthy eating
65	65		and physical activity relevant to the health of program attendees
66	66		at least four times each year.
67	67		(d) The staff training described by Subsection (c)(1) must
68	68		comply with the requirements of the National Institute on
69	69		Out-of-School Time, the Healthy Out-of-School Time Coalition, or
70	70		other similar programs. The training may be completed in person or
71	71		online.
72	72		(e) The department shall establish the following levels of
73	73		recognition for before-school and after-school programs applying
74	74		for recognition under this section:
75	75		(1) bronze status for a before-school or after-school
76	76		program that:
77	77		(A) meets the staff training requirements
78	78		provided by Subsection (c)(1); and
79	79		(B) complies with at least one other requirement
80	80		listed in Subsection (c);
81	81		(2) silver status for a before-school or after-school
82	82		program that:
83	83		(A) meets the staff training requirements
84	84		provided by Subsection (c)(1); and
85	85		(B) complies with at least three other
86	86		requirements listed in Subsection (c); and
87	87		(3) gold status for a before-school or after-school
88	88		program that:
89	89		(A) meets the staff training requirements
90	90		provided by Subsection (c)(1); and
91	91		(B) complies with at least four other
92	92		requirements listed in Subsection (c).
93		-	(f) The department, as it determines appropriate, may
94		-	provide technical assistance to before-school and after-school
95		-	programs seeking to advance to a higher recognition level under
96		-	Subsection (e).
97		-	(g) A before-school or after-school program that meets the
98		-	requirements for a recognition level provided by Subsection (e) may
99		-	create a corresponding recognition certificate using a certificate
100		-	template created by the department. A recognition certificate
101		-	expires on the second anniversary of the date the certificate is
102		-	issued. A program may renew a recognition certificate if the
103		-	program applies for renewal not later than the date a recognition
104		-	certificate expires.
	93	+	(f) If a before-school or after-school program determines
	94	+	that the program meets the requirements for a recognition level
	95	+	provided by Subsection (e), the program:
	96	+	(1) may create a corresponding recognition
	97	+	certificate using a certificate template created by the department;
	98	+	and
	99	+	(2) shall notify the department of the level of
	100	+	recognition for which the program qualifies.
	101	+	(g) A recognition certificate created by a before-school or
	102	+	after-school program does not expire, however the program shall
	103	+	remove the certificate if the program no longer meets the
	104	+	requirements for recognition. A before-school or after-school
	105	+	program shall notify the department of any change in the program's
	106	+	recognition level or if the program no longer qualifies for
	107	+	recognition.
105	108		(h) The department shall post information about the
106	109		recognition program on the department's Internet website,
107	110		including:
108	111		(1) resources and links that a before-school or
109	112		after-school program may use to meet the requirements of Subsection
110	113		(c); and
111	114		(2) a template that a before-school or after-school
112	115		program may use to create a certificate, signed by the director of
113	116		the before-school or after-school program, that describes the
114	117		program's recognition level.
115	118		(i) The department shall maintain a list of each
116	119		before-school or after-school program that qualifies for
117	120		recognition under this section and shall post the list on the
118	121		department's Internet website. The list must include the program's
119		-	recognition level ~~and~~ the ~~date~~ the ~~program's recognition~~
120		-	~~certificate expires~~.
	122	+	recognition level. The department shall update the list at least
	123	+	quarterly to reflect any change in a program's recognition level.
121	124		(j) The requirements of this section are in addition to any
122	125		other requirement imposed by law that applies to a before-school or
123	126		after-school program.
124	127		(k) The executive commissioner may adopt rules to implement
125	128		this section.
126	129		SECTION 2. This Act takes effect January 1, 2018.