86R24817 MCK-F
By: Lucio III H.B. No. 702
Substitute the following for H.B. No. 702:
By: Meza C.S.H.B. No. 702
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 commission shall develop a voluntary program for
recognizing licensed before-school and after-school programs that
promote healthy eating and physical activity. The recognition
program must provide for the self-evaluation of a before-school or
after-school program to determine the program's compliance with the
requirements for recognition under Subsection (c).
(c) A before-school or after-school program seeking
recognition under this section shall evaluate 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 commission 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) If a before-school or after-school program determines
that the program meets the requirements for a recognition level
provided by Subsection (e), the program:
(1) may create a corresponding recognition
certificate using a certificate template created by the commission;
and
(2) shall notify the commission of the level of
recognition for which the program qualifies.
(g) A recognition certificate created by a before-school or
after-school program does not expire, however the program shall
remove the certificate if the program no longer meets the
requirements for recognition. A before-school or after-school
program shall notify the commission of any change in the program's
recognition level or if the program no longer qualifies for
recognition.
(h) The commission shall post information about the
recognition program on the commission'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 commission 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
commission's Internet website. The list must include each
program's recognition level. The commission shall update the list
at least quarterly to reflect any change in a program's recognition
level.
(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, 2020.