By: Kolkhorst, et al. S.B. No. 25
(In the Senate - Filed February 20, 2025;
February 20, 2025, read first time and referred to Committee on
Health & Human Services; March 10, 2025, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; March 10, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 25 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to health and nutrition standards to promote healthy
living; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002, Education Code, is amended by
amending Subsection (l) and adding Subsection (l-4) to read as
follows:
(l) A school district or open-enrollment charter school
shall require a student enrolled in full-day prekindergarten, in
kindergarten, or in a grade level below grade six to participate in
moderate or vigorous daily physical activity for at least 30
minutes throughout the school year as part of the district's or
school's physical education curriculum or through structured
activity during a school campus's daily recess. To the extent
practicable, a school district or open-enrollment charter school
shall require a student enrolled in prekindergarten on less than a
full-day basis to participate in the same type and amount of
physical activity as a student enrolled in full-day
prekindergarten. A school district or open-enrollment charter
school shall require students enrolled in grade levels six, seven,
and eight to participate in moderate or vigorous daily physical
activity for at least 30 minutes for at least six [four] semesters
during those grade levels as part of the district's or school's
physical education curriculum. If a school district or
open-enrollment charter school determines, for any particular
grade level below grade six, that requiring moderate or vigorous
daily physical activity is impractical due to scheduling concerns
or other factors, the district or school may as an alternative
require a student in that grade level to participate in moderate or
vigorous physical activity for at least 135 minutes during each
school week. Additionally, a school district or open-enrollment
charter school may as an alternative require a student enrolled in a
grade level for which the district or school uses block scheduling
to participate in moderate or vigorous physical activity for at
least 225 minutes during each period of two school weeks. A school
district or open-enrollment charter school must provide for an
exemption for:
(1) any student who is unable to participate in the
required physical activity because of illness or disability; and
(2) a middle school or junior high school student who
participates in an extracurricular activity with a moderate or
vigorous physical activity component that is considered a
structured activity under rules adopted by the commissioner.
(l-4) In providing a physical education curriculum under
Subsection (l), a school employee may not restrict participation
in:
(1) recess or other physical activity offered as part
of the district's or school's physical education curriculum for a
student enrolled in kindergarten or in a grade level below grade six
as a penalty for the student's academic performance or behavior; or
(2) physical activity offered as part of the
district's or school's physical education curriculum for a student
enrolled in grade level six, seven, or eight as a penalty for the
student's academic performance or behavior.
SECTION 2. Section 28.025, Education Code, is amended by
amending Subsection (b-1) and adding Subsection (b-24) to read as
follows:
(b-1) The State Board of Education by rule shall require
that the curriculum requirements for the foundation high school
program under Subsection (a) include a requirement that students
successfully complete:
(1) four credits in English language arts under
Section 28.002(a)(1)(A), including one credit in English I, one
credit in English II, one credit in English III, and one credit in
an advanced English course authorized under Subsection (b-2);
(2) three credits in mathematics under Section
28.002(a)(1)(B), including one credit in Algebra I, one credit in
geometry, and one credit in any advanced mathematics course
authorized under Subsection (b-2);
(3) three credits in science under Section
28.002(a)(1)(C), including one credit in biology, one credit in any
advanced science course authorized under Subsection (b-2), and one
credit in integrated physics and chemistry or in an additional
advanced science course authorized under Subsection (b-2);
(4) three credits in social studies under Section
28.002(a)(1)(D), including one credit in United States history, at
least one-half credit in government and at least one-half credit in
economics or personal financial literacy & economics, and one
credit in world geography or world history;
(5) except as provided under Subsections (b-12),
(b-13), and (b-14), two credits in the same language in a language
other than English under Section 28.002(a)(2)(A);
(6) four and one-half [five] elective credits;
(7) one credit in fine arts under Section
28.002(a)(2)(D); [and]
(8) except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(C); and
(9) one-half credit in nutrition education.
(b-24) In adopting rules under Subsection (b-1), the State
Board of Education shall ensure that a course on nutrition
education taken to comply with the requirement under Subsection
(b-1)(9) includes curriculum requirements based on nutritional
guidelines recommended by the Texas Nutrition Advisory Committee
established under Chapter 119B, Health and Safety Code.
SECTION 3. Subchapter F, Chapter 51, Education Code, is
amended by adding Section 51.3025 to read as follows:
Sec. 51.3025. NUTRITION EDUCATION COURSEWORK. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) The Texas Higher Education Coordinating Board by rule
shall require institutions of higher education to require each
student enrolled in an associate or baccalaureate degree program at
the institution to complete a course of instruction in nutrition
education. The course must include curriculum requirements based
on nutritional guidelines recommended by the Texas Nutrition
Advisory Committee established under Chapter 119B, Health and
Safety Code.
SECTION 4. Subchapter A, Chapter 63, Education Code, is
amended by adding Section 63.0025 to read as follows:
Sec. 63.0025. REQUIRED NUTRITION CURRICULUM. A
health-related institution of higher education listed in Section
63.002(c) is eligible for distribution of money under this
subchapter only if the institution:
(1) develops nutrition curriculum requirements based
on nutritional guidelines recommended by the Texas Nutrition
Advisory Committee established under Chapter 119B, Health and
Safety Code; and
(2) requires all medical students or students in other
health-related majors who are enrolled at the institution to
successfully complete the curriculum requirements developed under
Subdivision (1).
SECTION 5. Subchapter B, Chapter 63, Education Code, is
amended by adding Section 63.103 to read as follows:
Sec. 63.103. REQUIRED NUTRITION CURRICULUM. A
health-related institution of higher education listed in Section
63.101(a) is eligible for distribution of money from a fund
established under this subchapter only if the institution:
(1) develops nutrition curriculum requirements based
on nutritional guidelines recommended by the Texas Nutrition
Advisory Committee established under Chapter 119B, Health and
Safety Code; and
(2) requires all medical students or students in other
health-related majors who are enrolled at the institution to
successfully complete the curriculum requirements developed under
Subdivision (1).
SECTION 6. Subchapter C, Chapter 63, Education Code, is
amended by adding Section 63.2025 to read as follows:
Sec. 63.2025. REQUIRED NUTRITION CURRICULUM. A
health-related institution providing graduate medical education is
eligible for a grant award under this subchapter only if the
institution:
(1) develops nutrition curriculum requirements based
on nutritional guidelines recommended by the Texas Nutrition
Advisory Committee established under Chapter 119B, Health and
Safety Code; and
(2) requires all students in nursing, allied health,
or other health-related majors who are enrolled at the institution
to successfully complete the curriculum requirements developed
under Subdivision (1).
SECTION 7. Subchapter D, Chapter 63, Education Code, is
amended by adding Section 63.303 to read as follows:
Sec. 63.303. REQUIRED NUTRITION CURRICULUM. A
health-related institution providing graduate medical education is
eligible for a grant award under this subchapter only if the
institution:
(1) develops nutrition curriculum requirements based
on nutritional guidelines recommended by the Texas Nutrition
Advisory Committee established under Chapter 119B, Health and
Safety Code; and
(2) requires all medical students or students in other
health-related majors who are enrolled at the institution to
successfully complete the curriculum requirements developed under
Subdivision (1).
SECTION 8. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 119B to read as follows:
CHAPTER 119B. TEXAS NUTRITION ADVISORY COMMITTEE
Sec. 119B.001. DEFINITION. In this chapter, "advisory
committee" means the Texas Nutrition Advisory Committee.
Sec. 119B.002. ADVISORY COMMITTEE ESTABLISHED. The Texas
Nutrition Advisory Committee is established to develop nutritional
guidelines for residents of this state. The advisory committee is
administratively attached to the department.
Sec. 119B.003. MEMBERSHIP. (a) The advisory committee is
composed of seven members appointed by the governor, including at
least:
(1) one expert in metabolic health;
(2) one licensed physician certified in functional
medicine;
(3) one member representing the Texas Department of
Agriculture;
(4) one member representing a rural community; and
(5) one member representing an urban community.
(b) In appointing the advisory committee members, the
governor must:
(1) consider recommendations provided by:
(A) the chair of the senate committee on health
and human services;
(B) the chair of the house of representatives
committee on public health; and
(C) the chair of the house of representatives
committee on human services; and
(2) ensure not more than two members are affiliated
with an academic or health-related institution of higher education
if the appointment could reasonably create a conflict of interest
between the goals of the advisory committee and the goals of the
institution.
(c) The governor may not appoint as an advisory committee
member an individual who:
(1) owns or controls an ownership interest in a food,
beverage, or pharmaceutical manufacturing company; or
(2) is related within the third degree of
consanguinity or affinity, as determined by Chapter 573, Government
Code, to an individual who owns or controls an ownership interest in
a food, beverage, or pharmaceutical manufacturing company.
(d) Before accepting an appointment under this section, an
individual must disclose all past or existing affiliations with a
food, beverage, or pharmaceutical manufacturing company or any
other affiliation that could reasonably create a conflict of
interest with the goals of the advisory committee. An advisory
committee member who fails to disclose an affiliation described by
this subsection is subject to removal by the governor.
(e) Advisory committee members serve staggered two-year
terms.
Sec. 119B.004. ADVISORY COMMITTEE DUTIES. The advisory
committee shall:
(1) examine the impact of nutrition on human health
and examine the connection between ultra-processed foods,
including foods containing artificial color and food additives, and
the prevalence of chronic diseases and other chronic health issues;
(2) provide an independent review of scientific
studies analyzing the effects of ultra-processed foods on human
health;
(3) provide education on the effects of
ultra-processed foods on human health; and
(4) develop and maintain dietary and nutritional
guidelines based on the consensus of available scientific studies
and information concerning diet and nutrition.
Sec. 119B.005. ANNUAL REPORT. Not later than September 1 of
each year, the advisory committee shall prepare and submit to the
department, the governor, the lieutenant governor, the speaker of
the house of representatives, and each standing committee of the
legislature with primary jurisdiction over health and safety a
written report that includes:
(1) a summary of the scientific studies;
(2) nutritional guidelines incorporating any new
scientific findings; and
(3) any other recommendations the advisory committee
considers appropriate based on new scientific studies.
Sec. 119B.006. DEPARTMENT NUTRITIONAL GUIDELINES WEBPAGE.
(a) The department shall post on a publicly available webpage on
the department's Internet website the guidelines developed under
Section 119B.004 in a manner that is easily accessible and readily
understandable.
(b) The department shall annually update information posted
under this section based on the report submitted under Section
119B.005.
Sec. 119B.007. EXPIRATION. The advisory committee is
abolished and this chapter expires December 31, 2032.
Sec. 119B.008. RULES. The executive commissioner of the
Health and Human Services Commission may adopt rules as necessary
to implement this chapter.
SECTION 9. Subchapter D, Chapter 431, Health and Safety
Code, is amended by adding Sections 431.0815 and 431.0816 to read as
follows:
Sec. 431.0815. FOOD CONTAINING ARTIFICIAL COLOR,
ADDITIVES, OR CERTAIN BANNED CHEMICALS. (a) A food manufacturer
shall label each product the manufacturer offers for sale with a
warning label disclosing the use of any of the following
ingredients in a product intended for human consumption:
(1) acesulfame potassium;
(2) acetylated esters of mono- and diglycerides
(acetic acid ester);
(3) activated charcoal;
(4) anisole;
(5) atrazine;
(6) azodicarbonamide (ADA);
(7) butylated hydroxyanisole (BHA);
(8) butylated hydroxytoluene (BHT);
(9) bleached flour;
(10) blue 1 (CAS 3844-45-9);
(11) blue 2 (CAS 860-22-0);
(12) bromated flour;
(13) calcium bromate;
(14) canthaxanthin;
(15) carrageenan;
(16) certified food colors by the United States Food
and Drug Administration;
(17) citrus red 2 (CAS 6358-53-8);
(18) diacetyl;
(19) diacetyl tartaric and fatty acid esters of mono-
and diglycerides (DATEM);
(20) dimethylamylamine (DMAA);
(21) dioctyl sodium sulfosuccinate (DSS);
(22) ficin;
(23) green 3 (CAS 2353-45-9);
(24) interesterified palm oil;
(25) interesterified soybean oil;
(26) lactylated fatty acid esters of glycerol and
propylene glycol;
(27) lye;
(28) melatonin;
(29) morpholine;
(30) olestra;
(31) partially hydrogenated oil (PHO);
(32) potassium aluminum sulfate;
(33) potassium bromate;
(34) potassium iodate;
(35) potassium sorbate;
(36) propylene oxide;
(37) propylparaben;
(38) red 3 (CAS 16423-68-0);
(39) red 4 (CAS 4548-53-2);
(40) red 40 (CAS 25956-17-6);
(41) sodium aluminum sulfate;
(42) sodium lauryl sulfate;
(43) sodium stearyl fumarate;
(44) stearyl tartrate;
(45) synthetic or artificial vanillin;
(46) synthetic trans fatty acid;
(47) thiodipropionic acid;
(48) titanium dioxide;
(49) toluene;
(50) yellow 5 (CAS 1934-21-0); and
(51) yellow 6 (CAS 2783-94-0).
(b) The warning label must:
(1) include the following statement if the food
contains an artificial color, chemical, or food additive, printed
in a font size not smaller than the largest font used to disclose
other consumer information:
"WARNING: This product contains an artificial color,
chemical, or food additive that is banned in Australia, Canada, the
European Union, or the United Kingdom.";
(2) be placed in a prominent and reasonably visible
location; and
(3) have sufficiently high contrast with the immediate
background to ensure the warning is likely to be seen and understood
by the ordinary individual under customary conditions of purchase
and use.
(c) A food manufacturer that offers a product described by
Subsection (a) for sale on the manufacturer's Internet website
shall disclose to the consumer all labeling information required
under Subsection (b) and department rule by:
(1) posting a legible statement on the manufacturer's
Internet website; or
(2) otherwise communicating the information to the
consumer.
(d) This section does not apply to an ingredient used in a
product not intended for human consumption.
(e) This section does not create a private cause of action
for a violation of this section.
Sec. 431.0816. ENFORCEMENT BY ATTORNEY GENERAL. (a) If the
attorney general believes a manufacturer has violated or is
violating Section 431.0815, the attorney general may bring an
action on behalf of this state to enjoin the manufacturer from
violating that section.
(b) In addition to seeking an injunction under Subsection
(a), the attorney general may request and the court may order any
other relief that may be in the public interest, including:
(1) the imposition of a civil penalty in an amount not
to exceed $50,000 for each violation of Section 431.0815; and
(2) an order requiring reimbursement to this state for
the reasonable value of investigating and bringing an enforcement
action for a violation of Section 431.0815.
SECTION 10. Subchapter B, Chapter 156, Occupations Code, is
amended by adding Section 156.061 to read as follows:
Sec. 156.061. CONTINUING EDUCATION IN NUTRITION AND
METABOLIC HEALTH. (a) A physician licensed under this subtitle who
submits an application for renewal of a license to practice
medicine must complete, in accordance with this section and rules
adopted under this section, continuing medical education regarding
nutrition and metabolic health.
(b) The board shall adopt rules to implement this section.
The rules must prescribe:
(1) the number of hours of the continuing medical
education required by this section; and
(2) the content of the continuing medical education
required by this section by using the nutritional guidelines
provided by the Texas Nutrition Advisory Committee under Chapter
119B, Health and Safety Code.
SECTION 11. (a) Section 28.002(l), Education Code, as
amended by this Act, applies only to students entering the sixth
grade during the 2026-2027 school year or a later school year. For
students entering a grade above sixth grade during the 2026-2027
school year, Section 28.002(l), Education Code, as that section
existed before amendment by this Act, applies, and that section is
continued in effect for that purpose.
(b) Section 28.025(b-1), Education Code, as amended by this
Act, applies only to students entering the ninth grade during the
2027-2028 school year or a later school year. For students entering
a grade above ninth grade during the 2027-2028 school year, Section
28.025(b-1), Education Code, as that section existed before
amendment by this Act, applies, and that section is continued in
effect for that purpose.
SECTION 12. Section 51.3025, Education Code, as added by
this Act, applies beginning with entering students enrolling in an
associate or baccalaureate degree program at a public institution
of higher education on or after July 1, 2027.
SECTION 13. (a) Not later than July 1, 2027, a
health-related institution of higher education shall develop and
implement curriculum required by Sections 63.0025, 63.103,
63.2025, and 63.303, Education Code, as added by this Act, to remain
eligible for funding under those sections.
(b) A health-related institution of higher education is not
required to comply with Sections 63.0025, 63.103, 63.2025, and
63.303, Education Code, as added by this Act, until July 1, 2027.
SECTION 14. (a) Not later than December 31, 2025, the
governor shall appoint the members of the Texas Nutrition Advisory
Committee established under Chapter 119B, Health and Safety Code,
as added by this Act, and shall provide for staggered member terms
as required by that chapter.
(b) Not later than September 1, 2026, the Texas Nutrition
Advisory Committee shall prepare and submit to the Department of
State Health Services, the governor, the lieutenant governor, the
speaker of the house, and each standing committee of the
legislature with primary jurisdiction over health and safety the
initial report required under Section 119B.005, Health and Safety
Code, as added by this Act.
(c) As soon as practicable after the submission of the
report under Subsection (b) of this section, the Department of
State Health Services shall post information required under Section
119B.006, Health and Safety Code, as added by this Act, on the
department's Internet website.
SECTION 15. (a) Not later than December 31, 2025, the
executive commissioner of the Health and Human Services Commission
shall adopt rules to implement changes made by Section 431.0815,
Health and Safety Code, as added by this Act.
(b) Section 431.0815, Health and Safety Code, as added by
this Act, applies only to a food product label developed or
copyrighted on or after January 1, 2027.
SECTION 16. (a) Section 156.061, Occupations Code, as
added by this Act, applies only to an application for license
renewal filed on or after January 1, 2027. An application for
license renewal filed before that date is governed by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
(b) Not later than December 31, 2026, the Texas Medical
Board shall adopt the rules required by Section 156.061,
Occupations Code, as added by this Act.
SECTION 17. This Act takes effect September 1, 2025.
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