Texas 2025 - 89th Regular

Texas House Bill HB25 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8564 KRM-D
2	2	By: Hull H.B. No. 25
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to health and nutrition standards to promote healthy
10	10	living.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 28.002, Education Code, is amended by
13	13	amending Subsection (l) and adding Subsection (l-4) to read as
14	14	follows:
15	15	(l) A school district shall require a student enrolled in
16	16	full-day prekindergarten, in kindergarten, or in a grade level
17	17	below grade six to participate in moderate or vigorous daily
18	18	physical activity for at least 30 minutes throughout the school
19	19	year as part of the district's physical education curriculum or
20	20	through structured activity during a school campus's daily recess.
21	21	To the extent practicable, a school district shall require a
22	22	student enrolled in prekindergarten on less than a full-day basis
23	23	to participate in the same type and amount of physical activity as a
24	24	student enrolled in full-day prekindergarten. A school district
25	25	shall require students enrolled in grade levels six, seven, and
26	26	eight to participate in moderate or vigorous daily physical
27	27	activity for at least 30 minutes for at least six [four] semesters
28	28	during those grade levels as part of the district's physical
29	29	education curriculum. If a school district determines, for any
30	30	particular grade level below grade six, that requiring moderate or
31	31	vigorous daily physical activity is impractical due to scheduling
32	32	concerns or other factors, the district may as an alternative
33	33	require a student in that grade level to participate in moderate or
34	34	vigorous physical activity for at least 135 minutes during each
35	35	school week. Additionally, a school district may as an alternative
36	36	require a student enrolled in a grade level for which the district
37	37	uses block scheduling to participate in moderate or vigorous
38	38	physical activity for at least 225 minutes during each period of two
39	39	school weeks. A school district must provide for an exemption for:
40	40	(1) any student who is unable to participate in the
41	41	required physical activity because of illness or disability; and
42	42	(2) a middle school or junior high school student who
43	43	participates in an extracurricular activity with a moderate or
44	44	vigorous physical activity component that is considered a
45	45	structured activity under rules adopted by the commissioner.
46	46	(l-4) In providing a physical education curriculum under
47	47	Subsection (l), a school employee may not restrict participation
48	48	in:
49	49	(1) recess or other physical activity offered as part
50	50	of the district's physical education curriculum for a student
51	51	enrolled in kindergarten or in a grade level below grade six as a
52	52	penalty for the student's academic performance or behavior; or
53	53	(2) physical activity offered as part of the
54	54	district's physical education curriculum for a student enrolled in
55	55	grade level six, seven, or eight as a penalty for the student's
56	56	academic performance or behavior.
57	57	SECTION 2. Subchapter A, Chapter 63, Education Code, is
58	58	amended by adding Section 63.0025 to read as follows:
59	59	Sec. 63.0025. REQUIRED NUTRITION CURRICULUM. A
60	60	health-related institution of higher education listed in Section
61	61	63.002(c) is eligible for distribution of money under this
62	62	subchapter only if the institution:
63	63	(1) develops nutrition curriculum requirements based
64	64	on nutrition guidelines recommended by the Texas Nutrition Advisory
65	65	Committee established under Chapter 119B, Health and Safety Code;
66	66	and
67	67	(2) requires all medical students or students in other
68	68	health-related majors who are enrolled at the institution to
69	69	successfully complete the curriculum requirements developed under
70	70	Subdivision (1).
71	71	SECTION 3. Subchapter B, Chapter 63, Education Code, is
72	72	amended by adding Section 63.103 to read as follows:
73	73	Sec. 63.103. REQUIRED NUTRITION CURRICULUM. A
74	74	health-related institution of higher education listed in Section
75	75	63.101(a) is eligible for distribution of money from a fund
76	76	established under this subchapter only if the institution:
77	77	(1) develops nutrition curriculum requirements based
78	78	on nutrition guidelines recommended by the Texas Nutrition Advisory
79	79	Committee established under Chapter 119B, Health and Safety Code;
80	80	and
81	81	(2) requires all medical students or students in other
82	82	health-related majors who are enrolled at the institution to
83	83	successfully complete the curriculum requirements developed under
84	84	Subdivision (1).
85	85	SECTION 4. Subchapter C, Chapter 63, Education Code, is
86	86	amended by adding Section 63.2025 to read as follows:
87	87	Sec. 63.2025. REQUIRED NUTRITION CURRICULUM. A
88	88	health-related institution providing graduate medical education is
89	89	eligible for a grant award under this subchapter only if the
90	90	institution:
91	91	(1) develops nutrition curriculum requirements based
92	92	on nutrition guidelines recommended by the Texas Nutrition Advisory
93	93	Committee established under Chapter 119B, Health and Safety Code;
94	94	and
95	95	(2) requires all students in nursing, allied health,
96	96	or other health-related majors who are enrolled at the institution
97	97	to successfully complete the curriculum requirements developed
98	98	under Subdivision (1).
99	99	SECTION 5. Subchapter D, Chapter 63, Education Code, is
100	100	amended by adding Section 63.303 to read as follows:
101	101	Sec. 63.303. REQUIRED NUTRITION CURRICULUM. A
102	102	health-related institution providing graduate medical education is
103	103	eligible for a grant award under this subchapter only if the
104	104	institution:
105	105	(1) develops nutrition curriculum requirements based
106	106	on nutrition guidelines recommended by the Texas Nutrition Advisory
107	107	Committee established under Chapter 119B, Health and Safety Code;
108	108	and
109	109	(2) requires all medical students or students in other
110	110	health-related majors who are enrolled at the institution to
111	111	successfully complete the curriculum requirements developed under
112	112	Subdivision (1).
113	113	SECTION 6. Subtitle E, Title 2, Health and Safety Code, is
114	114	amended by adding Chapter 119B to read as follows:
115	115	CHAPTER 119B. TEXAS NUTRITION ADVISORY COMMITTEE
116	116	Sec. 119B.001. DEFINITION. In this chapter, "advisory
117	117	committee" means the Texas Nutrition Advisory Committee.
118	118	Sec. 119B.002. ADVISORY COMMITTEE ESTABLISHED. The Texas
119	119	Nutrition Advisory Committee is established to develop nutritional
120	120	guidelines for residents of this state. The advisory committee is
121	121	administratively attached to the department.
122	122	Sec. 119B.003. MEMBERSHIP. (a) The advisory committee is
123	123	composed of seven members appointed by the governor, including at
124	124	least:
125	125	(1) one expert in metabolic health;
126	126	(2) one licensed physician certified in functional
127	127	medicine;
128	128	(3) one member representing the Texas Department of
129	129	Agriculture;
130	130	(4) one member representing a rural community; and
131	131	(5) one member representing an urban community.
132	132	(b) In appointing the advisory committee members, the
133	133	governor must:
134	134	(1) consider recommendations provided by:
135	135	(A) the chair of the senate committee on health
136	136	and human services;
137	137	(B) the chair of the house of representatives
138	138	committee on public health; and
139	139	(C) the chair of the house of representatives
140	140	committee on human services; and
141	141	(2) ensure not more than two members are affiliated
142	142	with an academic or health-related institution of higher education
143	143	if the appointment could reasonably create a conflict of interest
144	144	between the goals of the advisory committee and the goals of the
145	145	institution.
146	146	(c) The governor may not appoint as an advisory committee
147	147	member an individual who:
148	148	(1) owns or controls a three percent or greater
149	149	ownership interest in a food, beverage, or pharmaceutical
150	150	manufacturing company; or
151	151	(2) is related within the third degree of
152	152	consanguinity or affinity, as determined by Chapter 573, Government
153	153	Code, to an individual who owns or controls a three percent or
154	154	greater ownership interest in a food, beverage, or pharmaceutical
155	155	manufacturing company.
156	156	(d) Before accepting an appointment under this section, an
157	157	individual must disclose all past or existing affiliations with a
158	158	food, beverage, or pharmaceutical manufacturing company or any
159	159	other affiliation that could reasonably create a conflict of
160	160	interest with the goals of the advisory committee. An advisory
161	161	committee member who fails to disclose an affiliation described by
162	162	this subsection is subject to removal by the governor.
163	163	(e) Advisory committee members serve staggered two-year
164	164	terms.
165	165	Sec. 119B.004. ADVISORY COMMITTEE DUTIES. The advisory
166	166	committee shall:
167	167	(1) examine the impact of nutrition on human health
168	168	and examine the connection between ultra-processed foods,
169	169	including foods containing artificial color and food additives, and
170	170	the prevalence of chronic diseases and other chronic health issues;
171	171	(2) provide an independent review of scientific
172	172	studies analyzing the effects of ultra-processed foods on human
173	173	health;
174	174	(3) provide education on the effects of
175	175	ultra-processed foods on human health; and
176	176	(4) develop and maintain dietary and nutritional
177	177	guidelines based on the consensus of available scientific studies
178	178	and information concerning diet and nutrition.
179	179	Sec. 119B.005. ANNUAL REPORT. Not later than September 1 of
180	180	each year, the advisory committee shall prepare and submit to the
181	181	department, the governor, the lieutenant governor, the speaker of
182	182	the house of representatives, and each standing committee of the
183	183	legislature with primary jurisdiction over health and safety a
184	184	written report that includes:
185	185	(1) a summary of the scientific studies;
186	186	(2) nutritional guidelines incorporating any new
187	187	scientific findings; and
188	188	(3) any other recommendations the advisory committee
189	189	considers appropriate based on new scientific studies.
190	190	Sec. 119B.006. DEPARTMENT NUTRITIONAL GUIDELINES WEBPAGE.
191	191	(a) The department shall post on a publicly available webpage on
192	192	the department's Internet website the guidelines developed under
193	193	Section 119B.004 in a manner that is easily accessible and readily
194	194	understandable.
195	195	(b) The department shall annually update information posted
196	196	under this section based on the report submitted under Section
197	197	119B.005.
198	198	Sec. 119B.007. EXPIRATION. The advisory committee is
199	199	abolished and this chapter expires December 31, 2032.
200	200	Sec. 119B.008. RULES. The executive commissioner of the
201	201	Health and Human Services Commission may adopt rules as necessary
202	202	to implement this chapter.
203	203	SECTION 7. Subchapter D, Chapter 431, Health and Safety
204	204	Code, is amended by adding Section 431.0815 to read as follows:
205	205	Sec. 431.0815. FOOD CONTAINING ARTIFICIAL COLOR,
206	206	ADDITIVES, OR CERTAIN BANNED CHEMICALS. (a) A food manufacturer
207	207	shall label each product the manufacturer offers for sale with a
208	208	warning label disclosing the use of any:
209	209	(1) artificial color;
210	210	(2) food additive; or
211	211	(3) other chemical ingredient banned by Canada, the
212	212	European Union, or the United Kingdom.
213	213	(b) The warning label must:
214	214	(1) include at least one of the following statements,
215	215	as applicable:
216	216	(A) if the food contains an artificial color or
217	217	food additive, a statement substantially similar to the following,
218	218	printed in a font size not smaller than the largest font used to
219	219	disclose other consumer information:
220	220	"WARNING: This product contains artificial color or a
221	221	food additive. Some scientific research suggests artificial colors
222	222	and food additives may affect individuals with certain health
223	223	conditions. For more information, visit [insert link to the United
224	224	States Food and Drug Administration's Internet website]."; or
225	225	(B) if the food contains a banned chemical
226	226	described by Subsection (a), a statement substantially similar to
227	227	the following, printed in a font size not smaller than the largest
228	228	font used to disclose other consumer information:
229	229	"WARNING: This product may expose you to [Name of
230	230	Chemical], which is banned by [Name of Country].";
231	231	(2) be placed in a prominent and reasonably visible
232	232	location; and
233	233	(3) have sufficiently high contrast with the immediate
234	234	background to ensure the warning is likely to be seen and understood
235	235	by the ordinary individual under customary conditions of purchase
236	236	and use.
237	237	(c) A food manufacturer that offers a product described by
238	238	Subsection (a) for sale on the manufacturer's Internet website
239	239	shall disclose to the consumer all labeling information required
240	240	under Subsection (b) and department rules by:
241	241	(1) posting a legible statement on the manufacturer's
242	242	Internet website; or
243	243	(2) otherwise communicating the information to the
244	244	consumer.
245	245	SECTION 8. Subchapter B, Chapter 156, Occupations Code, is
246	246	amended by adding Section 156.061 to read as follows:
247	247	Sec. 156.061. CONTINUING EDUCATION IN NUTRITION AND
248	248	METABOLIC HEALTH. (a) A physician licensed under this subtitle who
249	249	submits an application for renewal of a license to practice
250	250	medicine must complete, in accordance with this section and rules
251	251	adopted under this section, continuing medical education regarding
252	252	nutrition and metabolic health.
253	253	(b) The board shall adopt rules to implement this section.
254	254	The rules must prescribe:
255	255	(1) the number of hours of the continuing medical
256	256	education required by this section; and
257	257	(2) the content of the continuing medical education
258	258	required by this section by using the nutritional guidelines
259	259	provided by the Texas Nutrition Advisory Committee under Chapter
260	260	119B, Health and Safety Code.
261	261	SECTION 9. (a) Section 28.002(l), Education Code, as
262	262	amended by this Act, applies only to students entering the sixth
263	263	grade during the 2026-2027 school year or a later school year. For
264	264	students entering a grade above sixth grade during the 2026-2027
265	265	school year, Section 28.002(l), Education Code, as that section
266	266	existed before amendment by this Act, applies, and that section is
267	267	continued in effect for that purpose.
268	268	(b) Section 28.002(l-4), Education Code, as added by this
269	269	Act, applies beginning with the 2026-2027 school year.
270	270	SECTION 10. (a) Not later than July 1, 2027, a
271	271	health-related institution of higher education shall develop and
272	272	implement curriculum required by Sections 63.0025, 63.103,
273	273	63.2025, and 63.303, Education Code, as added by this Act, to remain
274	274	eligible for funding under those sections.
275	275	(b) A health-related institution of higher education is not
276	276	required to comply with Sections 63.0025, 63.103, 63.2025, and
277	277	63.303, Education Code, as added by this Act, until July 1, 2027.
278	278	SECTION 11. (a) Not later than December 31, 2025, the
279	279	governor shall appoint the members of the Texas Nutrition Advisory
280	280	Committee established under Chapter 119B, Health and Safety Code,
281	281	as added by this Act, and shall provide for staggered member terms
282	282	as required by that chapter.
283	283	(b) Not later than September 1, 2026, the Texas Nutrition
284	284	Advisory Committee shall prepare and submit to the Department of
285	285	State Health Services, the governor, the lieutenant governor, the
286	286	speaker of the house, and each standing committee of the
287	287	legislature with primary jurisdiction over health and safety the
288	288	initial report required under Section 119B.005, Health and Safety
289	289	Code, as added by this Act.
290	290	(c) As soon as practicable after the submission of the
291	291	report under Subsection (b) of this section, the Department of
292	292	State Health Services shall post information required under Section
293	293	119B.006, Health and Safety Code, as added by this Act, on the
294	294	department's Internet website.
295	295	SECTION 12. (a) Not later than December 31, 2025, the
296	296	executive commissioner of the Health and Human Services Commission
297	297	shall adopt rules to implement changes made by Section 431.0815,
298	298	Health and Safety Code, as added by this Act.
299	299	(b) Section 431.0815, Health and Safety Code, as added by
300	300	this Act, applies only to the labeling of food products
301	301	manufactured on or after January 1, 2026.
302	302	SECTION 13. (a) Section 156.061, Occupations Code, as
303	303	added by this Act, applies only to an application for license
304	304	renewal filed on or after January 1, 2027. An application for
305	305	license renewal filed before that date is governed by the law in
306	306	effect on the date the application was filed, and the former law is
307	307	continued in effect for that purpose.
308	308	(b) Not later than December 31, 2026, the Texas Medical
309	309	Board shall adopt the rules required by Section 156.061,
310	310	Occupations Code, as added by this Act.
311	311	SECTION 14. This Act takes effect September 1, 2025.