86R3471 SRA-F
By: Lucio III H.B. No. 718
A BILL TO BE ENTITLED
AN ACT
relating to food and beverages available from a vending machine
located on property used by a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2203, Government Code, is amended by
adding Section 2203.006 to read as follows:
Sec. 2203.006. STANDARDS FOR VENDING MACHINE FOOD AND
BEVERAGES. (a) In this section, "executive commissioner" means the
executive commissioner of the Health and Human Services Commission.
(b) This section applies to food and beverages offered in a
vending machine that is located on property that is:
(1) owned by the state and under the charge and control
of a state agency; or
(2) leased by the state for the use of a state agency.
(c) Food and beverages to which this section applies must
meet minimum nutrition standards adopted by rule by the executive
commissioner.
(d) The minimum nutrition standards must ensure that:
(1) food offered in a vending machine:
(A) contains zero grams of trans fatty acids per
serving, as defined by the United States Food and Drug
Administration; and
(B) contains not more than:
(i) 230 milligrams of sodium per serving if
the food is not a refrigerated meal or other individual meal item;
or
(ii) 480 milligrams of sodium per serving
if the food is a refrigerated meal or other individual meal item;
(2) at least half of the beverage choices offered in a
vending machine, excluding unsweetened milk and 100 percent juice,
contain less than 40 calories per serving;
(3) any milk offered is two percent, one percent, or
nonfat;
(4) if juice is offered, at least one offering is 100
percent juice with no added sweetener; and
(5) any vegetable juice offered contains not more than
230 milligrams of sodium per serving.
(e) In addition to the minimum nutrition standards required
under Subsection (d)(1), at least 25 percent of packaged foods that
are offered in a vending machine, other than nuts and seeds that do
not have added fats, oils, or sweeteners, must:
(1) have a calorie content made up of:
(A) not more than 10 percent saturated fat; and
(B) not more than 35 percent sugars, excluding
fruits and vegetables without added sweeteners; and
(2) have less than 200 calories.
(f) A vending machine to which this section applies must
display the total calorie content for each item offered.
(g) The executive commissioner shall, at least every five
years, review and, if necessary, update the minimum nutrition
standards adopted under this section. In reviewing the standards,
the executive commissioner shall consider advancements in
nutrition science, dietary data, new product availability, and
updates to the Dietary Guidelines for Americans, as published by
the United States Department of Agriculture and the United States
Department of Health and Human Services.
(h) A contract with a vendor for operation of a vending
machine to which this section applies must include a provision
requiring the vendor to offer food and beverages that meet the
minimum nutrition standards adopted by the executive commissioner
under this section.
(i) The statewide wellness coordinator designated under
Section 664.053 shall provide information and resources to state
agencies to promote state employee wellness through implementing
the requirements of this section.
SECTION 2. (a) Not later than September 1, 2020, the
executive commissioner of the Health and Human Services Commission
shall adopt rules to establish minimum nutrition standards under
Section 2203.006, Government Code, as added by this Act.
(b) Except as provided by Subsection (c) of this section, a
state agency is not required to comply with Section 2203.006,
Government Code, as added by this Act, until September 1, 2021.
(c) Section 2203.006(h), Government Code, as added by this
Act, applies only to a contract for vending machine services for
which a state agency first advertises or otherwise solicits bids,
proposals, offers, or qualifications on or after September 1, 2020.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.