Texas 2019 - 86th Regular

Texas House Bill HB702 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R24817~~ MCK-F
	1	+	86R4266 MCK-F
2	2		By: Lucio III H.B. No. 702
3		-	Substitute the following for H.B. No. 702:
4		-	By: Meza C.S.H.B. No. 702
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to creating a voluntary program to recognize licensed
10	8		before-school and after-school programs that promote healthy
11	9		eating and physical activity.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
14	12		is amended by adding Section 42.0429 to read as follows:
15	13		Sec. 42.0429. DISTINGUISHED BEFORE-SCHOOL AND AFTER-SCHOOL
16	14		HEALTH RECOGNITION PROGRAM. (a) In this section:
17	15		(1) "Program attendee" means a child enrolled in a
18	16		full-day or half-day before-school or after-school program.
19	17		(2) "Screen time" means time spent viewing television
20	18		or videos or working on computers, tablets, and handheld
21	19		entertainment devices, with or without Internet access.
22	20		(b) The commission shall develop a voluntary program for
23	21		recognizing licensed before-school and after-school programs that
24		-	promote healthy eating and physical activity. The recognition
25		-	program must provide for the self-evaluation of a before-school or
26		-	after-school program to determine the program's compliance with the
27		-	requirements for recognition under Subsection (c).
28		-	(c) A before-school or after-school program seeking
29		-	recognition under this section shall evaluate the program's
30		-	compliance with the following requirements:
	22	+	promote healthy eating and physical activity.
	23	+	(c) The commission shall assess a before-school or
	24	+	after-school program applying for recognition under this section
	25	+	based on the program's compliance with the following requirements:
31	26		(1) at least one staff member of the before-school or
32	27		after-school program is trained on the standards of this section
33	28		and the importance of modeling healthy eating and physical activity
34	29		in the presence of program attendees;
35	30		(2) the before-school or after-school program
36	31		provides opportunities for program attendees to participate in at
37	32		least 30 minutes of moderate to vigorous physical activity for a
38	33		half-day program and at least 60 minutes of moderate to vigorous
39	34		physical activity for a full-day program;
40	35		(3) the before-school or after-school program limits
41	36		screen time during the operational hours of the program to less than
42	37		30 minutes a day for a half-day program and two hours a day for a
43	38		full-day program, not including use in connection with homework or
44	39		an activity that engages program attendees in a physical activity
45	40		or educational experience;
46	41		(4) the before-school or after-school program:
47	42		(A) makes healthy foods, including fruits and
48	43		vegetables that are fresh, frozen, dried, or canned in their own
49	44		juice or water, without added sugar, available to program attendees
50	45		during meals or snacks; and
51	46		(B) encourages program attendees and staff while
52	47		in the presence of program attendees during the operational hours
53	48		of the program to not eat fried foods or foods that are primarily
54	49		sugar-based, are high in calories or sodium, or include trans fat;
55	50		(5) the before-school or after-school program
56	51		complies with the following guidelines relating to the serving and
57	52		consumption of beverages:
58	53		(A) program attendees are served water, low-fat
59	54		or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;
60	55		(B) safe, clean drinking water is available and
61	56		accessible at all times to program attendees and staff; and
62	57		(C) beverages with added sugar are not served to
63	58		program attendees or consumed by staff in the presence of program
64	59		attendees during the operational hours of the program; and
65	60		(6) the before-school or after-school program engages
66	61		parents, guardians, and caregivers of program attendees using
67	62		informational materials and activities focused on healthy eating
68	63		and physical activity relevant to the health of program attendees
69	64		at least four times each year.
70	65		(d) The staff training described by Subsection (c)(1) must
71	66		comply with the requirements of the National Institute on
72	67		Out-of-School Time, the Healthy Out-of-School Time Coalition, or
73	68		other similar programs. The training may be completed in person or
74	69		online.
75	70		(e) The commission shall establish the following levels of
76	71		recognition for before-school and after-school programs applying
77	72		for recognition under this section:
78	73		(1) bronze status for a before-school or after-school
79	74		program that:
80	75		(A) meets the staff training requirements
81	76		provided by Subsection (c)(1); and
82	77		(B) complies with at least one other requirement
83	78		listed in Subsection (c);
84	79		(2) silver status for a before-school or after-school
85	80		program that:
86	81		(A) meets the staff training requirements
87	82		provided by Subsection (c)(1); and
88	83		(B) complies with at least three other
89	84		requirements listed in Subsection (c); and
90	85		(3) gold status for a before-school or after-school
91	86		program that:
92	87		(A) meets the staff training requirements
93	88		provided by Subsection (c)(1); and
94	89		(B) complies with at least four other
95	90		requirements listed in Subsection (c).
96		-	(f) If a before-school or after-school program determines
97		-	that the program meets the requirements for a recognition level
98		-	provided by Subsection (e), the program:
99		-	(1) may create a corresponding recognition
100		-	certificate using a certificate template created by the commission;
101		-	and
102		-	(2) shall notify the commission of the level of
103		-	recognition for which the program qualifies.
104		-	(g) A recognition certificate created by a before-school or
105		-	after-school program does not expire, however the program shall
106		-	remove the certificate if the program no longer meets the
107		-	requirements for recognition. A before-school or after-school
108		-	program shall notify the commission of any change in the program's
109		-	recognition level or if the program no longer qualifies for
110		-	recognition.
	91	+	(f) The commission, as it determines appropriate, may
	92	+	provide technical assistance to before-school and after-school
	93	+	programs seeking to advance to a higher recognition level under
	94	+	Subsection (e).
	95	+	(g) A before-school or after-school program that meets the
	96	+	requirements for a recognition level provided by Subsection (e) may
	97	+	create a corresponding recognition certificate using a certificate
	98	+	template created by the commission. A recognition certificate
	99	+	expires on December 31 of each odd-numbered year. A program may
	100	+	renew a recognition certificate if the program applies for renewal
	101	+	not later than January 1 of the year after the date a recognition
	102	+	certificate expires.
111	103		(h) The commission shall post information about the
112	104		recognition program on the commission's Internet website,
113	105		including:
114	106		(1) resources and links that a before-school or
115	107		after-school program may use to meet the requirements of Subsection
116	108		(c); and
117	109		(2) a template that a before-school or after-school
118	110		program may use to create a certificate, signed by the director of
119	111		the before-school or after-school program, that describes the
120	112		program's recognition level.
121	113		(i) The commission shall maintain a list of each
122	114		before-school or after-school program that qualifies for
123	115		recognition under this section and shall post the list on the
124		-	commission's Internet website. The list must include each
125		-	program's recognition level. The commission shall update the list
126		-	at least quarterly to reflect any change in a program's recognition
127		-	level.
	116	+	commission's Internet website. The list must include the program's
	117	+	recognition level and the date the program's recognition
	118	+	certificate expires.
128	119		(j) The requirements of this section are in addition to any
129	120		other requirement imposed by law that applies to a before-school or
130	121		after-school program.
131	122		(k) The executive commissioner may adopt rules to implement
132	123		this section.
133	124		SECTION 2. This Act takes effect January 1, 2020.