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1 | 1 | By: Kolkhorst, et al. S.B. No. 25 | |
2 | - | ||
3 | - | ||
2 | + | (In the Senate - Filed February 20, 2025; | |
3 | + | February 20, 2025, read first time and referred to Committee on | |
4 | + | Health & Human Services; March 10, 2025, reported adversely, with | |
5 | + | favorable Committee Substitute by the following vote: Yeas 9, | |
6 | + | Nays 0; March 10, 2025, sent to printer.) | |
7 | + | Click here to see the committee vote | |
8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 25 By: Hughes | |
4 | 9 | ||
5 | 10 | ||
6 | 11 | A BILL TO BE ENTITLED | |
7 | 12 | AN ACT | |
8 | 13 | relating to health and nutrition standards to promote healthy | |
9 | 14 | living; authorizing a civil penalty. | |
10 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 16 | SECTION 1. Section 28.002, Education Code, is amended by | |
12 | 17 | amending Subsection (l) and adding Subsection (l-4) to read as | |
13 | 18 | follows: | |
14 | 19 | (l) A school district or open-enrollment charter school | |
15 | 20 | shall require a student enrolled in full-day prekindergarten, in | |
16 | 21 | kindergarten, or in a grade level below grade six to participate in | |
17 | 22 | moderate or vigorous daily physical activity for at least 30 | |
18 | 23 | minutes throughout the school year as part of the district's or | |
19 | 24 | school's physical education curriculum or through structured | |
20 | 25 | activity during a school campus's daily recess. To the extent | |
21 | 26 | practicable, a school district or open-enrollment charter school | |
22 | 27 | shall require a student enrolled in prekindergarten on less than a | |
23 | 28 | full-day basis to participate in the same type and amount of | |
24 | 29 | physical activity as a student enrolled in full-day | |
25 | 30 | prekindergarten. A school district or open-enrollment charter | |
26 | 31 | school shall require students enrolled in grade levels six, seven, | |
27 | 32 | and eight to participate in moderate or vigorous daily physical | |
28 | 33 | activity for at least 30 minutes for at least six [four] semesters | |
29 | 34 | during those grade levels as part of the district's or school's | |
30 | 35 | physical education curriculum. If a school district or | |
31 | 36 | open-enrollment charter school determines, for any particular | |
32 | 37 | grade level below grade six, that requiring moderate or vigorous | |
33 | 38 | daily physical activity is impractical due to scheduling concerns | |
34 | 39 | or other factors, the district or school may as an alternative | |
35 | 40 | require a student in that grade level to participate in moderate or | |
36 | 41 | vigorous physical activity for at least 135 minutes during each | |
37 | 42 | school week. Additionally, a school district or open-enrollment | |
38 | 43 | charter school may as an alternative require a student enrolled in a | |
39 | 44 | grade level for which the district or school uses block scheduling | |
40 | 45 | to participate in moderate or vigorous physical activity for at | |
41 | 46 | least 225 minutes during each period of two school weeks. A school | |
42 | 47 | district or open-enrollment charter school must provide for an | |
43 | 48 | exemption for: | |
44 | 49 | (1) any student who is unable to participate in the | |
45 | 50 | required physical activity because of illness or disability; and | |
46 | 51 | (2) a middle school or junior high school student who | |
47 | 52 | participates in an extracurricular activity with a moderate or | |
48 | 53 | vigorous physical activity component that is considered a | |
49 | 54 | structured activity under rules adopted by the commissioner. | |
50 | 55 | (l-4) In providing a physical education curriculum under | |
51 | 56 | Subsection (l), a school employee may not restrict participation | |
52 | 57 | in: | |
53 | 58 | (1) recess or other physical activity offered as part | |
54 | 59 | of the district's or school's physical education curriculum for a | |
55 | 60 | student enrolled in kindergarten or in a grade level below grade six | |
56 | 61 | as a penalty for the student's academic performance or behavior; or | |
57 | 62 | (2) physical activity offered as part of the | |
58 | 63 | district's or school's physical education curriculum for a student | |
59 | 64 | enrolled in grade level six, seven, or eight as a penalty for the | |
60 | 65 | student's academic performance or behavior. | |
61 | 66 | SECTION 2. Section 28.025, Education Code, is amended by | |
62 | 67 | amending Subsection (b-1) and adding Subsection (b-24) to read as | |
63 | 68 | follows: | |
64 | 69 | (b-1) The State Board of Education by rule shall require | |
65 | 70 | that the curriculum requirements for the foundation high school | |
66 | 71 | program under Subsection (a) include a requirement that students | |
67 | 72 | successfully complete: | |
68 | 73 | (1) four credits in English language arts under | |
69 | 74 | Section 28.002(a)(1)(A), including one credit in English I, one | |
70 | 75 | credit in English II, one credit in English III, and one credit in | |
71 | 76 | an advanced English course authorized under Subsection (b-2); | |
72 | 77 | (2) three credits in mathematics under Section | |
73 | 78 | 28.002(a)(1)(B), including one credit in Algebra I, one credit in | |
74 | 79 | geometry, and one credit in any advanced mathematics course | |
75 | 80 | authorized under Subsection (b-2); | |
76 | 81 | (3) three credits in science under Section | |
77 | 82 | 28.002(a)(1)(C), including one credit in biology, one credit in any | |
78 | 83 | advanced science course authorized under Subsection (b-2), and one | |
79 | 84 | credit in integrated physics and chemistry or in an additional | |
80 | 85 | advanced science course authorized under Subsection (b-2); | |
81 | 86 | (4) three credits in social studies under Section | |
82 | 87 | 28.002(a)(1)(D), including one credit in United States history, at | |
83 | 88 | least one-half credit in government and at least one-half credit in | |
84 | 89 | economics or personal financial literacy & economics, and one | |
85 | 90 | credit in world geography or world history; | |
86 | 91 | (5) except as provided under Subsections (b-12), | |
87 | 92 | (b-13), and (b-14), two credits in the same language in a language | |
88 | 93 | other than English under Section 28.002(a)(2)(A); | |
89 | 94 | (6) four and one-half [five] elective credits; | |
90 | 95 | (7) one credit in fine arts under Section | |
91 | 96 | 28.002(a)(2)(D); [and] | |
92 | 97 | (8) except as provided by Subsection (b-11), one | |
93 | 98 | credit in physical education under Section 28.002(a)(2)(C); and | |
94 | 99 | (9) one-half credit in nutrition education. | |
95 | 100 | (b-24) In adopting rules under Subsection (b-1), the State | |
96 | 101 | Board of Education shall ensure that a course on nutrition | |
97 | 102 | education taken to comply with the requirement under Subsection | |
98 | 103 | (b-1)(9) includes curriculum requirements based on nutritional | |
99 | 104 | guidelines recommended by the Texas Nutrition Advisory Committee | |
100 | 105 | established under Chapter 119B, Health and Safety Code. | |
101 | 106 | SECTION 3. Subchapter F, Chapter 51, Education Code, is | |
102 | 107 | amended by adding Section 51.3025 to read as follows: | |
103 | 108 | Sec. 51.3025. NUTRITION EDUCATION COURSEWORK. (a) In this | |
104 | 109 | section, "institution of higher education" has the meaning assigned | |
105 | 110 | by Section 61.003. | |
106 | 111 | (b) The Texas Higher Education Coordinating Board by rule | |
107 | 112 | shall require institutions of higher education to require each | |
108 | 113 | student enrolled in an associate or baccalaureate degree program at | |
109 | 114 | the institution to complete a course of instruction in nutrition | |
110 | 115 | education. The course must include curriculum requirements based | |
111 | 116 | on nutritional guidelines recommended by the Texas Nutrition | |
112 | 117 | Advisory Committee established under Chapter 119B, Health and | |
113 | 118 | Safety Code. | |
114 | 119 | SECTION 4. Subchapter A, Chapter 63, Education Code, is | |
115 | 120 | amended by adding Section 63.0025 to read as follows: | |
116 | 121 | Sec. 63.0025. REQUIRED NUTRITION CURRICULUM. A | |
117 | 122 | health-related institution of higher education listed in Section | |
118 | 123 | 63.002(c) is eligible for distribution of money under this | |
119 | 124 | subchapter only if the institution: | |
120 | 125 | (1) develops nutrition curriculum requirements based | |
121 | 126 | on nutritional guidelines recommended by the Texas Nutrition | |
122 | 127 | Advisory Committee established under Chapter 119B, Health and | |
123 | 128 | Safety Code; and | |
124 | 129 | (2) requires all medical students or students in other | |
125 | 130 | health-related majors who are enrolled at the institution to | |
126 | 131 | successfully complete the curriculum requirements developed under | |
127 | 132 | Subdivision (1). | |
128 | 133 | SECTION 5. Subchapter B, Chapter 63, Education Code, is | |
129 | 134 | amended by adding Section 63.103 to read as follows: | |
130 | 135 | Sec. 63.103. REQUIRED NUTRITION CURRICULUM. A | |
131 | 136 | health-related institution of higher education listed in Section | |
132 | 137 | 63.101(a) is eligible for distribution of money from a fund | |
133 | 138 | established under this subchapter only if the institution: | |
134 | 139 | (1) develops nutrition curriculum requirements based | |
135 | 140 | on nutritional guidelines recommended by the Texas Nutrition | |
136 | 141 | Advisory Committee established under Chapter 119B, Health and | |
137 | 142 | Safety Code; and | |
138 | 143 | (2) requires all medical students or students in other | |
139 | 144 | health-related majors who are enrolled at the institution to | |
140 | 145 | successfully complete the curriculum requirements developed under | |
141 | 146 | Subdivision (1). | |
142 | 147 | SECTION 6. Subchapter C, Chapter 63, Education Code, is | |
143 | 148 | amended by adding Section 63.2025 to read as follows: | |
144 | 149 | Sec. 63.2025. REQUIRED NUTRITION CURRICULUM. A | |
145 | 150 | health-related institution providing graduate medical education is | |
146 | 151 | eligible for a grant award under this subchapter only if the | |
147 | 152 | institution: | |
148 | 153 | (1) develops nutrition curriculum requirements based | |
149 | 154 | on nutritional guidelines recommended by the Texas Nutrition | |
150 | 155 | Advisory Committee established under Chapter 119B, Health and | |
151 | 156 | Safety Code; and | |
152 | 157 | (2) requires all students in nursing, allied health, | |
153 | 158 | or other health-related majors who are enrolled at the institution | |
154 | 159 | to successfully complete the curriculum requirements developed | |
155 | 160 | under Subdivision (1). | |
156 | 161 | SECTION 7. Subchapter D, Chapter 63, Education Code, is | |
157 | 162 | amended by adding Section 63.303 to read as follows: | |
158 | 163 | Sec. 63.303. REQUIRED NUTRITION CURRICULUM. A | |
159 | 164 | health-related institution providing graduate medical education is | |
160 | 165 | eligible for a grant award under this subchapter only if the | |
161 | 166 | institution: | |
162 | 167 | (1) develops nutrition curriculum requirements based | |
163 | 168 | on nutritional guidelines recommended by the Texas Nutrition | |
164 | 169 | Advisory Committee established under Chapter 119B, Health and | |
165 | 170 | Safety Code; and | |
166 | 171 | (2) requires all medical students or students in other | |
167 | 172 | health-related majors who are enrolled at the institution to | |
168 | 173 | successfully complete the curriculum requirements developed under | |
169 | 174 | Subdivision (1). | |
170 | 175 | SECTION 8. Subtitle E, Title 2, Health and Safety Code, is | |
171 | 176 | amended by adding Chapter 119B to read as follows: | |
172 | 177 | CHAPTER 119B. TEXAS NUTRITION ADVISORY COMMITTEE | |
173 | 178 | Sec. 119B.001. DEFINITION. In this chapter, "advisory | |
174 | 179 | committee" means the Texas Nutrition Advisory Committee. | |
175 | 180 | Sec. 119B.002. ADVISORY COMMITTEE ESTABLISHED. The Texas | |
176 | 181 | Nutrition Advisory Committee is established to develop nutritional | |
177 | 182 | guidelines for residents of this state. The advisory committee is | |
178 | 183 | administratively attached to the department. | |
179 | 184 | Sec. 119B.003. MEMBERSHIP. (a) The advisory committee is | |
180 | 185 | composed of seven members appointed by the governor, including at | |
181 | 186 | least: | |
182 | 187 | (1) one expert in metabolic health; | |
183 | 188 | (2) one licensed physician certified in functional | |
184 | 189 | medicine; | |
185 | 190 | (3) one member representing the Texas Department of | |
186 | 191 | Agriculture; | |
187 | 192 | (4) one member representing a rural community; and | |
188 | 193 | (5) one member representing an urban community. | |
189 | 194 | (b) In appointing the advisory committee members, the | |
190 | 195 | governor must: | |
191 | 196 | (1) consider recommendations provided by: | |
192 | 197 | (A) the chair of the senate committee on health | |
193 | 198 | and human services; | |
194 | 199 | (B) the chair of the house of representatives | |
195 | 200 | committee on public health; and | |
196 | 201 | (C) the chair of the house of representatives | |
197 | 202 | committee on human services; and | |
198 | 203 | (2) ensure not more than two members are affiliated | |
199 | 204 | with an academic or health-related institution of higher education | |
200 | 205 | if the appointment could reasonably create a conflict of interest | |
201 | 206 | between the goals of the advisory committee and the goals of the | |
202 | 207 | institution. | |
203 | 208 | (c) The governor may not appoint as an advisory committee | |
204 | 209 | member an individual who: | |
205 | 210 | (1) owns or controls an ownership interest in a food, | |
206 | 211 | beverage, or pharmaceutical manufacturing company; or | |
207 | 212 | (2) is related within the third degree of | |
208 | 213 | consanguinity or affinity, as determined by Chapter 573, Government | |
209 | 214 | Code, to an individual who owns or controls an ownership interest in | |
210 | 215 | a food, beverage, or pharmaceutical manufacturing company. | |
211 | 216 | (d) Before accepting an appointment under this section, an | |
212 | 217 | individual must disclose all past or existing affiliations with a | |
213 | 218 | food, beverage, or pharmaceutical manufacturing company or any | |
214 | 219 | other affiliation that could reasonably create a conflict of | |
215 | 220 | interest with the goals of the advisory committee. An advisory | |
216 | 221 | committee member who fails to disclose an affiliation described by | |
217 | 222 | this subsection is subject to removal by the governor. | |
218 | 223 | (e) Advisory committee members serve staggered two-year | |
219 | 224 | terms. | |
220 | 225 | Sec. 119B.004. ADVISORY COMMITTEE DUTIES. The advisory | |
221 | 226 | committee shall: | |
222 | 227 | (1) examine the impact of nutrition on human health | |
223 | 228 | and examine the connection between ultra-processed foods, | |
224 | 229 | including foods containing artificial color and food additives, and | |
225 | 230 | the prevalence of chronic diseases and other chronic health issues; | |
226 | 231 | (2) provide an independent review of scientific | |
227 | 232 | studies analyzing the effects of ultra-processed foods on human | |
228 | 233 | health; | |
229 | 234 | (3) provide education on the effects of | |
230 | 235 | ultra-processed foods on human health; and | |
231 | 236 | (4) develop and maintain dietary and nutritional | |
232 | 237 | guidelines based on the consensus of available scientific studies | |
233 | 238 | and information concerning diet and nutrition. | |
234 | 239 | Sec. 119B.005. ANNUAL REPORT. Not later than September 1 of | |
235 | 240 | each year, the advisory committee shall prepare and submit to the | |
236 | 241 | department, the governor, the lieutenant governor, the speaker of | |
237 | 242 | the house of representatives, and each standing committee of the | |
238 | 243 | legislature with primary jurisdiction over health and safety a | |
239 | 244 | written report that includes: | |
240 | 245 | (1) a summary of the scientific studies; | |
241 | 246 | (2) nutritional guidelines incorporating any new | |
242 | 247 | scientific findings; and | |
243 | 248 | (3) any other recommendations the advisory committee | |
244 | 249 | considers appropriate based on new scientific studies. | |
245 | 250 | Sec. 119B.006. DEPARTMENT NUTRITIONAL GUIDELINES WEBPAGE. | |
246 | 251 | (a) The department shall post on a publicly available webpage on | |
247 | 252 | the department's Internet website the guidelines developed under | |
248 | 253 | Section 119B.004 in a manner that is easily accessible and readily | |
249 | 254 | understandable. | |
250 | 255 | (b) The department shall annually update information posted | |
251 | 256 | under this section based on the report submitted under Section | |
252 | 257 | 119B.005. | |
253 | 258 | Sec. 119B.007. EXPIRATION. The advisory committee is | |
254 | 259 | abolished and this chapter expires December 31, 2032. | |
255 | 260 | Sec. 119B.008. RULES. The executive commissioner of the | |
256 | 261 | Health and Human Services Commission may adopt rules as necessary | |
257 | 262 | to implement this chapter. | |
258 | - | SECTION 9. Section 431.0805, Health and Safety Code, is | |
259 | - | amended by adding Subdivisions (6-a) and (11) to read as follows: | |
260 | - | (6-a) "Food ready for immediate consumption" means | |
261 | - | food that: | |
262 | - | (A) is prepared, served, or sold by a restaurant, | |
263 | - | lunch counter, cafeteria, deli, vending machine, hotel, mobile | |
264 | - | vendor, or similar place of business, including a grocery store | |
265 | - | containing a restaurant, lunch counter, cafeteria, deli, vending | |
266 | - | machine, or similar place of business; and | |
267 | - | (B) requires no further preparation by the | |
268 | - | purchaser before consumption. | |
269 | - | (11) "Prepared food" means: | |
270 | - | (A) food ready for immediate consumption; | |
271 | - | (B) food sold heated, including food heated by | |
272 | - | the seller; | |
273 | - | (C) food served with eating utensils provided by | |
274 | - | the seller; and | |
275 | - | (D) two or more food ingredients mixed or | |
276 | - | combined by the seller for sale as a single food item: | |
277 | - | (i) including items sold by weight or | |
278 | - | volume as a single food item; and | |
279 | - | (ii) not including food prepared at an | |
280 | - | off-site location, refrigerated food typically heated before | |
281 | - | consumption, or food only cut, repackaged, or pasteurized by the | |
282 | - | seller. | |
283 | - | SECTION 10. Subchapter D, Chapter 431, Health and Safety | |
263 | + | SECTION 9. Subchapter D, Chapter 431, Health and Safety | |
284 | 264 | Code, is amended by adding Sections 431.0815 and 431.0816 to read as | |
285 | 265 | follows: | |
286 | 266 | Sec. 431.0815. FOOD CONTAINING ARTIFICIAL COLOR, | |
287 | 267 | ADDITIVES, OR CERTAIN BANNED CHEMICALS. (a) A food manufacturer | |
288 | - | shall label each product the manufacturer offers for sale | |
289 | - | ||
290 | - | ||
268 | + | shall label each product the manufacturer offers for sale with a | |
269 | + | warning label disclosing the use of any of the following | |
270 | + | ingredients in a product intended for human consumption: | |
291 | 271 | (1) acesulfame potassium; | |
292 | 272 | (2) acetylated esters of mono- and diglycerides | |
293 | 273 | (acetic acid ester); | |
294 | 274 | (3) activated charcoal; | |
295 | 275 | (4) anisole; | |
296 | 276 | (5) atrazine; | |
297 | 277 | (6) azodicarbonamide (ADA); | |
298 | 278 | (7) butylated hydroxyanisole (BHA); | |
299 | 279 | (8) butylated hydroxytoluene (BHT); | |
300 | 280 | (9) bleached flour; | |
301 | 281 | (10) blue 1 (CAS 3844-45-9); | |
302 | 282 | (11) blue 2 (CAS 860-22-0); | |
303 | 283 | (12) bromated flour; | |
304 | 284 | (13) calcium bromate; | |
305 | 285 | (14) canthaxanthin; | |
306 | - | (15) certified food colors by the United States Food | |
286 | + | (15) carrageenan; | |
287 | + | (16) certified food colors by the United States Food | |
307 | 288 | and Drug Administration; | |
308 | - | ( | |
309 | - | ( | |
310 | - | ( | |
289 | + | (17) citrus red 2 (CAS 6358-53-8); | |
290 | + | (18) diacetyl; | |
291 | + | (19) diacetyl tartaric and fatty acid esters of mono- | |
311 | 292 | and diglycerides (DATEM); | |
312 | - | ( | |
313 | - | ( | |
314 | - | ( | |
315 | - | ( | |
316 | - | ( | |
317 | - | ( | |
318 | - | ( | |
293 | + | (20) dimethylamylamine (DMAA); | |
294 | + | (21) dioctyl sodium sulfosuccinate (DSS); | |
295 | + | (22) ficin; | |
296 | + | (23) green 3 (CAS 2353-45-9); | |
297 | + | (24) interesterified palm oil; | |
298 | + | (25) interesterified soybean oil; | |
299 | + | (26) lactylated fatty acid esters of glycerol and | |
319 | 300 | propylene glycol; | |
320 | - | ( | |
321 | - | ( | |
322 | - | ( | |
323 | - | ( | |
324 | - | ( | |
325 | - | ( | |
326 | - | ( | |
327 | - | ( | |
328 | - | ( | |
329 | - | ( | |
330 | - | ( | |
331 | - | ( | |
332 | - | ( | |
333 | - | ( | |
334 | - | ( | |
335 | - | ( | |
336 | - | ( | |
337 | - | ( | |
338 | - | ( | |
339 | - | ( | |
340 | - | ( | |
341 | - | ( | |
342 | - | ( | |
343 | - | ( | |
344 | - | ( | |
301 | + | (27) lye; | |
302 | + | (28) melatonin; | |
303 | + | (29) morpholine; | |
304 | + | (30) olestra; | |
305 | + | (31) partially hydrogenated oil (PHO); | |
306 | + | (32) potassium aluminum sulfate; | |
307 | + | (33) potassium bromate; | |
308 | + | (34) potassium iodate; | |
309 | + | (35) potassium sorbate; | |
310 | + | (36) propylene oxide; | |
311 | + | (37) propylparaben; | |
312 | + | (38) red 3 (CAS 16423-68-0); | |
313 | + | (39) red 4 (CAS 4548-53-2); | |
314 | + | (40) red 40 (CAS 25956-17-6); | |
315 | + | (41) sodium aluminum sulfate; | |
316 | + | (42) sodium lauryl sulfate; | |
317 | + | (43) sodium stearyl fumarate; | |
318 | + | (44) stearyl tartrate; | |
319 | + | (45) synthetic or artificial vanillin; | |
320 | + | (46) synthetic trans fatty acid; | |
321 | + | (47) thiodipropionic acid; | |
322 | + | (48) titanium dioxide; | |
323 | + | (49) toluene; | |
324 | + | (50) yellow 5 (CAS 1934-21-0); and | |
325 | + | (51) yellow 6 (CAS 2783-94-0). | |
345 | 326 | (b) The warning label must: | |
346 | 327 | (1) include the following statement if the food | |
347 | 328 | contains an artificial color, chemical, or food additive, printed | |
348 | 329 | in a font size not smaller than the largest font used to disclose | |
349 | 330 | other consumer information: | |
350 | 331 | "WARNING: This product contains an artificial color, | |
351 | 332 | chemical, or food additive that is banned in Australia, Canada, the | |
352 | 333 | European Union, or the United Kingdom."; | |
353 | 334 | (2) be placed in a prominent and reasonably visible | |
354 | 335 | location; and | |
355 | 336 | (3) have sufficiently high contrast with the immediate | |
356 | 337 | background to ensure the warning is likely to be seen and understood | |
357 | 338 | by the ordinary individual under customary conditions of purchase | |
358 | 339 | and use. | |
359 | 340 | (c) A food manufacturer that offers a product described by | |
360 | - | Subsection (a) for sale | |
361 | - | ||
362 | - | ||
341 | + | Subsection (a) for sale on the manufacturer's Internet website | |
342 | + | shall disclose to the consumer all labeling information required | |
343 | + | under Subsection (b) and department rule by: | |
363 | 344 | (1) posting a legible statement on the manufacturer's | |
364 | 345 | Internet website; or | |
365 | 346 | (2) otherwise communicating the information to the | |
366 | 347 | consumer. | |
367 | - | (d) This section does not apply to: | |
368 | - | (1) an ingredient used in a product not intended for | |
369 | - | human consumption; or | |
370 | - | (2) a prepared food or food ready for immediate | |
371 | - | consumption that is labeled and prepared, served, or sold in a | |
372 | - | retail establishment. | |
348 | + | (d) This section does not apply to an ingredient used in a | |
349 | + | product not intended for human consumption. | |
373 | 350 | (e) This section does not create a private cause of action | |
374 | 351 | for a violation of this section. | |
375 | 352 | Sec. 431.0816. ENFORCEMENT BY ATTORNEY GENERAL. (a) If the | |
376 | 353 | attorney general believes a manufacturer has violated or is | |
377 | 354 | violating Section 431.0815, the attorney general may bring an | |
378 | 355 | action on behalf of this state to enjoin the manufacturer from | |
379 | 356 | violating that section. | |
380 | 357 | (b) In addition to seeking an injunction under Subsection | |
381 | 358 | (a), the attorney general may request and the court may order any | |
382 | 359 | other relief that may be in the public interest, including: | |
383 | 360 | (1) the imposition of a civil penalty in an amount not | |
384 | 361 | to exceed $50,000 for each violation of Section 431.0815; and | |
385 | 362 | (2) an order requiring reimbursement to this state for | |
386 | 363 | the reasonable value of investigating and bringing an enforcement | |
387 | 364 | action for a violation of Section 431.0815. | |
388 | - | SECTION | |
365 | + | SECTION 10. Subchapter B, Chapter 156, Occupations Code, is | |
389 | 366 | amended by adding Section 156.061 to read as follows: | |
390 | 367 | Sec. 156.061. CONTINUING EDUCATION IN NUTRITION AND | |
391 | 368 | METABOLIC HEALTH. (a) A physician licensed under this subtitle who | |
392 | 369 | submits an application for renewal of a license to practice | |
393 | 370 | medicine must complete, in accordance with this section and rules | |
394 | 371 | adopted under this section, continuing medical education regarding | |
395 | 372 | nutrition and metabolic health. | |
396 | 373 | (b) The board shall adopt rules to implement this section. | |
397 | 374 | The rules must prescribe: | |
398 | 375 | (1) the number of hours of the continuing medical | |
399 | 376 | education required by this section; and | |
400 | 377 | (2) the content of the continuing medical education | |
401 | 378 | required by this section by using the nutritional guidelines | |
402 | 379 | provided by the Texas Nutrition Advisory Committee under Chapter | |
403 | 380 | 119B, Health and Safety Code. | |
404 | - | SECTION 12. Subchapter D, Chapter 204, Occupations Code, is | |
405 | - | amended by adding Section 204.1563 to read as follows: | |
406 | - | Sec. 204.1563. CONTINUING MEDICAL EDUCATION IN NUTRITION | |
407 | - | AND METABOLIC HEALTH. (a) As part of continuing medical education | |
408 | - | requirements under Section 204.1562, a license holder shall | |
409 | - | complete, in accordance with this section and rules adopted under | |
410 | - | this section, continuing medical education regarding nutrition and | |
411 | - | metabolic health. | |
412 | - | (b) The medical board, on recommendations of the physician | |
413 | - | assistant board, shall adopt rules to implement this section. The | |
414 | - | rules must prescribe: | |
415 | - | (1) the number of hours of the continuing medical | |
416 | - | education required by this section; and | |
417 | - | (2) the content of the continuing medical education | |
418 | - | required by this section by using the nutritional guidelines | |
419 | - | provided by the Texas Nutrition Advisory Committee under Chapter | |
420 | - | 119B, Health and Safety Code. | |
421 | - | SECTION 13. Subchapter G, Chapter 301, Occupations Code, is | |
422 | - | amended by adding Section 301.309 to read as follows: | |
423 | - | Sec. 301.309. CONTINUING EDUCATION IN NUTRITION AND | |
424 | - | METABOLIC HEALTH. (a) As part of continuing education | |
425 | - | requirements under Section 301.303, a license holder shall | |
426 | - | complete, in accordance with this section and rules adopted under | |
427 | - | this section, continuing education regarding nutrition and | |
428 | - | metabolic health. | |
429 | - | (b) The board shall adopt rules to implement this section. | |
430 | - | The rules must prescribe: | |
431 | - | (1) the number of hours of the continuing education | |
432 | - | required by this section; and | |
433 | - | (2) the content of the continuing education required | |
434 | - | by this section by using the nutritional guidelines provided by the | |
435 | - | Texas Nutrition Advisory Committee under Chapter 119B, Health and | |
436 | - | Safety Code. | |
437 | - | SECTION 14. (a) Section 28.002(l), Education Code, as | |
381 | + | SECTION 11. (a) Section 28.002(l), Education Code, as | |
438 | 382 | amended by this Act, applies only to students entering the sixth | |
439 | 383 | grade during the 2026-2027 school year or a later school year. For | |
440 | 384 | students entering a grade above sixth grade during the 2026-2027 | |
441 | 385 | school year, Section 28.002(l), Education Code, as that section | |
442 | 386 | existed before amendment by this Act, applies, and that section is | |
443 | 387 | continued in effect for that purpose. | |
444 | 388 | (b) Section 28.025(b-1), Education Code, as amended by this | |
445 | 389 | Act, applies only to students entering the ninth grade during the | |
446 | 390 | 2027-2028 school year or a later school year. For students entering | |
447 | 391 | a grade above ninth grade during the 2027-2028 school year, Section | |
448 | 392 | 28.025(b-1), Education Code, as that section existed before | |
449 | 393 | amendment by this Act, applies, and that section is continued in | |
450 | 394 | effect for that purpose. | |
451 | - | SECTION | |
395 | + | SECTION 12. Section 51.3025, Education Code, as added by | |
452 | 396 | this Act, applies beginning with entering students enrolling in an | |
453 | 397 | associate or baccalaureate degree program at a public institution | |
454 | 398 | of higher education on or after July 1, 2027. | |
455 | - | SECTION | |
399 | + | SECTION 13. (a) Not later than July 1, 2027, a | |
456 | 400 | health-related institution of higher education shall develop and | |
457 | 401 | implement curriculum required by Sections 63.0025, 63.103, | |
458 | 402 | 63.2025, and 63.303, Education Code, as added by this Act, to remain | |
459 | 403 | eligible for funding under those sections. | |
460 | 404 | (b) A health-related institution of higher education is not | |
461 | 405 | required to comply with Sections 63.0025, 63.103, 63.2025, and | |
462 | 406 | 63.303, Education Code, as added by this Act, until July 1, 2027. | |
463 | - | SECTION | |
407 | + | SECTION 14. (a) Not later than December 31, 2025, the | |
464 | 408 | governor shall appoint the members of the Texas Nutrition Advisory | |
465 | 409 | Committee established under Chapter 119B, Health and Safety Code, | |
466 | 410 | as added by this Act, and shall provide for staggered member terms | |
467 | 411 | as required by that chapter. | |
468 | 412 | (b) Not later than September 1, 2026, the Texas Nutrition | |
469 | 413 | Advisory Committee shall prepare and submit to the Department of | |
470 | 414 | State Health Services, the governor, the lieutenant governor, the | |
471 | 415 | speaker of the house, and each standing committee of the | |
472 | 416 | legislature with primary jurisdiction over health and safety the | |
473 | 417 | initial report required under Section 119B.005, Health and Safety | |
474 | 418 | Code, as added by this Act. | |
475 | 419 | (c) As soon as practicable after the submission of the | |
476 | 420 | report under Subsection (b) of this section, the Department of | |
477 | 421 | State Health Services shall post information required under Section | |
478 | 422 | 119B.006, Health and Safety Code, as added by this Act, on the | |
479 | 423 | department's Internet website. | |
480 | - | SECTION | |
424 | + | SECTION 15. (a) Not later than December 31, 2025, the | |
481 | 425 | executive commissioner of the Health and Human Services Commission | |
482 | 426 | shall adopt rules to implement changes made by Section 431.0815, | |
483 | 427 | Health and Safety Code, as added by this Act. | |
484 | 428 | (b) Section 431.0815, Health and Safety Code, as added by | |
485 | 429 | this Act, applies only to a food product label developed or | |
486 | 430 | copyrighted on or after January 1, 2027. | |
487 | - | SECTION | |
431 | + | SECTION 16. (a) Section 156.061, Occupations Code, as | |
488 | 432 | added by this Act, applies only to an application for license | |
489 | 433 | renewal filed on or after January 1, 2027. An application for | |
490 | 434 | license renewal filed before that date is governed by the law in | |
491 | 435 | effect on the date the application was filed, and the former law is | |
492 | 436 | continued in effect for that purpose. | |
493 | 437 | (b) Not later than December 31, 2026, the Texas Medical | |
494 | 438 | Board shall adopt the rules required by Section 156.061, | |
495 | 439 | Occupations Code, as added by this Act. | |
496 | - | SECTION 20. (a) Section 204.1563, Occupations Code, as | |
497 | - | added by this Act, applies only to an application for license | |
498 | - | renewal filed on or after January 1, 2027. An application for | |
499 | - | license renewal filed before that date is governed by the law in | |
500 | - | effect on the date the application was filed, and the former law is | |
501 | - | continued in effect for that purpose. | |
502 | - | (b) Not later than December 31, 2026, the Texas Medical | |
503 | - | Board shall adopt the rules required by Section 204.1563, | |
504 | - | Occupations Code, as added by this Act. | |
505 | - | SECTION 21. (a) Section 301.309, Occupations Code, as | |
506 | - | added by this Act, applies only to an application for license | |
507 | - | renewal filed on or after January 1, 2027. An application for | |
508 | - | license renewal filed before that date is governed by the law in | |
509 | - | effect on the date the application was filed, and the former law is | |
510 | - | continued in effect for that purpose. | |
511 | - | (b) Not later than December 31, 2026, the Texas Board of | |
512 | - | Nursing shall adopt the rules required by Section 301.309, | |
513 | - | Occupations Code, as added by this Act. | |
514 | - | SECTION 22. This Act takes effect September 1, 2025. | |
440 | + | SECTION 17. This Act takes effect September 1, 2025. | |
441 | + | * * * * * |