89R8564 KRM-D     By: Hull H.B. No. 25       A BILL TO BE ENTITLED   AN ACT   relating to health and nutrition standards to promote healthy   living.          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 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 physical education curriculum or   through structured activity during a school campus's daily recess.   To the extent practicable, a school district 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   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 physical   education curriculum. If a school district 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 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 may as an alternative   require a student enrolled in a grade level for which the district   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 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 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 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.  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 nutrition 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 3.  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 nutrition 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 4.  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 nutrition 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 5.  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 nutrition 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.  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 a three percent or greater   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 a three percent or   greater 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 7.  Subchapter D, Chapter 431, Health and Safety   Code, is amended by adding Section 431.0815 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:                (1)  artificial color;                (2)  food additive; or                (3)  other chemical ingredient banned by Canada, the   European Union, or the United Kingdom.          (b)  The warning label must:                (1)  include at least one of the following statements,   as applicable:                      (A)  if the food contains an artificial color or   food additive, a statement substantially similar to the following,   printed in a font size not smaller than the largest font used to   disclose other consumer information:                "WARNING: This product contains artificial color or a   food additive.  Some scientific research suggests artificial colors   and food additives may affect individuals with certain health   conditions.  For more information, visit [insert link to the United   States Food and Drug Administration's Internet website]."; or                      (B)  if the food contains a banned chemical   described by Subsection (a), a statement substantially similar to   the following, printed in a font size not smaller than the largest   font used to disclose other consumer information:                "WARNING: This product may expose you to [Name of   Chemical], which is banned by [Name of Country].";                (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 rules by:                (1)  posting a legible statement on the manufacturer's   Internet website; or                (2)  otherwise communicating the information to the   consumer.          SECTION 8.  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 9.  (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 28.002(l-4), Education Code, as added by this   Act, applies beginning with the 2026-2027 school year.          SECTION 10.  (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 11.  (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 12.  (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 the labeling of food products   manufactured on or after January 1, 2026.          SECTION 13.  (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 14.  This Act takes effect September 1, 2025.