85R19504 MCK-F
By: Lucio III H.B. No. 168
Substitute the following for H.B. No. 168:
By: King of Hemphill C.S.H.B. No. 168
A BILL TO BE ENTITLED
AN ACT
relating to creating a voluntary program to recognize licensed
before-school and after-school programs that promote healthy
eating and physical activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.0429 to read as follows:
Sec. 42.0429. DISTINGUISHED BEFORE-SCHOOL AND AFTER-SCHOOL
HEALTH RECOGNITION PROGRAM. (a) In this section:
(1) "Program attendee" means a child enrolled in a
full-day or half-day before-school or after-school program.
(2) "Screen time" means time spent viewing television
or videos or working on computers, tablets, and handheld
entertainment devices, with or without Internet access.
(b) The department shall develop a voluntary program for
recognizing licensed before-school and after-school programs that
promote healthy eating and physical activity.
(c) The department may evaluate a before-school or
after-school program applying for recognition under this section
based on the program's compliance with the following requirements:
(1) at least one staff member of the before-school or
after-school program is trained on the standards of this section
and the importance of modeling healthy eating and physical activity
in the presence of program attendees;
(2) the before-school or after-school program
provides opportunities for program attendees to participate in at
least 30 minutes of moderate to vigorous physical activity for a
half-day program and at least 60 minutes of moderate to vigorous
physical activity for a full-day program;
(3) the before-school or after-school program limits
screen time during the operational hours of the program to less than
30 minutes a day for a half-day program and two hours a day for a
full-day program, not including use in connection with homework or
an activity that engages program attendees in a physical activity
or educational experience;
(4) the before-school or after-school program:
(A) makes healthy foods, including fruits and
vegetables that are fresh, frozen, dried, or canned in their own
juice or water, without added sugar, available to program attendees
during meals or snacks; and
(B) encourages program attendees and staff while
in the presence of program attendees during the operational hours
of the program to not eat fried foods or foods that are primarily
sugar-based, are high in calories or sodium, or include trans fat;
(5) the before-school or after-school program
complies with the following guidelines relating to the serving and
consumption of beverages:
(A) program attendees are served water, low-fat
or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;
(B) safe, clean drinking water is available and
accessible at all times to program attendees and staff; and
(C) beverages with added sugar are not served to
program attendees or consumed by staff in the presence of program
attendees during the operational hours of the program; and
(6) the before-school or after-school program engages
parents, guardians, and caregivers of program attendees using
informational materials and activities focused on healthy eating
and physical activity relevant to the health of program attendees
at least four times each year.
(d) The staff training described by Subsection (c)(1) must
comply with the requirements of the National Institute on
Out-of-School Time, the Healthy Out-of-School Time Coalition, or
other similar programs. The training may be completed in person or
online.
(e) The department shall establish the following levels of
recognition for before-school and after-school programs applying
for recognition under this section:
(1) bronze status for a before-school or after-school
program that:
(A) meets the staff training requirements
provided by Subsection (c)(1); and
(B) complies with at least one other requirement
listed in Subsection (c);
(2) silver status for a before-school or after-school
program that:
(A) meets the staff training requirements
provided by Subsection (c)(1); and
(B) complies with at least three other
requirements listed in Subsection (c); and
(3) gold status for a before-school or after-school
program that:
(A) meets the staff training requirements
provided by Subsection (c)(1); and
(B) complies with at least four other
requirements listed in Subsection (c).
(f) The department, as it determines appropriate, may
provide technical assistance to before-school and after-school
programs seeking to advance to a higher recognition level under
Subsection (e).
(g) A before-school or after-school program that meets the
requirements for a recognition level provided by Subsection (e) may
create a corresponding recognition certificate using a certificate
template created by the department. A recognition certificate
expires on the second anniversary of the date the certificate is
issued. A program may renew a recognition certificate if the
program applies for renewal not later than the date a recognition
certificate expires.
(h) The department shall post information about the
recognition program on the department's Internet website,
including:
(1) resources and links that a before-school or
after-school program may use to meet the requirements of Subsection
(c); and
(2) a template that a before-school or after-school
program may use to create a certificate, signed by the director of
the before-school or after-school program, that describes the
program's recognition level.
(i) The department shall maintain a list of each
before-school or after-school program that qualifies for
recognition under this section and shall post the list on the
department's Internet website. The list must include the program's
recognition level and the date the program's recognition
certificate expires.
(j) The requirements of this section are in addition to any
other requirement imposed by law that applies to a before-school or
after-school program.
(k) The executive commissioner may adopt rules to implement
this section.
SECTION 2. This Act takes effect January 1, 2018.