Relating to health and nutrition standards to promote healthy living; authorizing a civil penalty.

89(R) HB 25 - House Committee Report version - Bill Text

89R23839 KRM-D

By: Hull, Frank, VanDeaver, Bucy, Pierson,

H.B. No. 25

et al.

Substitute the following for H.B. No. 25:

By: VanDeaver

C.S.H.B. No. 25

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 Subsections (l) and (l-1) and adding Subsections (l-4) and

(u) 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-1) In adopting rules relating to an activity described by

Subsection (l)(2), the commissioner
shall
[
may
] permit an exemption

for a student who participates in a school-related activity or an

activity sponsored by a private league or club [
only
] if the student

provides proof of participation in the activity.

(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.

(u)

In adopting the essential knowledge and skills for the

health curriculum under Subsection (a)(2)(B) for a grade level from

kindergarten through grade eight, the State Board of Education

shall adopt essential knowledge and skills that include nutrition

instruction based on nutritional guidelines recommended by the

Texas Nutrition Advisory Committee established under Chapter 119B,

Health and Safety Code.

SECTION 2. Subchapter A, Chapter 28, Education Code, is

amended by adding Section 28.0115 to read as follows:

Sec.

28.0115.

ELECTIVE COURSE ON NUTRITION AND WELLNESS.

Each school district and open-enrollment charter school offering a

high school program shall provide an elective course in nutrition

and wellness that meets the requirements for a one-half elective

credit under Section 28.025, using materials the State Board of

Education approves.

The nutrition instruction:

(1)

must include curriculum requirements based on

nutritional guidelines recommended by the Texas Nutrition Advisory

Committee established under Chapter 119B, Health and Safety Code;

and

(2)

may incorporate other relevant material,

including culinary skills, horticulture, and consumer economics.

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

majors related to health care service provision 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

majors related to health care service provision 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 majors related to health care service provision 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

majors related to health care service provision 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, culinary medicine,

lifestyle medicine, or integrative medicine;

(2)

one licensed physician certified in functional

medicine;

(3)

one member representing the Texas Department of

Agriculture;

(4) one member representing a rural community;

(5) one member representing an urban community; and

(6)

one pediatrician specializing in metabolic

health.

(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)

An individual is ineligible for appointment to the

advisory committee if the individual:

(1)

owns or controls an ownership interest in a food,

beverage, dietary supplement, 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, dietary supplement, 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, dietary supplement, 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 four-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 WEB PAGE.

(a)

The department shall post on a publicly available web page 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 ensure each food product the manufacturer offers for sale in

this state includes 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) anisole;

(4) aspartame;

(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)

certified food colors by the United States Food

and Drug Administration;

(16) citrus red 2 (CAS 6358-53-8);

(17) diacetyl;

(18)

diacetyl tartaric and fatty acid esters of mono-

and diglycerides (DATEM);

(19) dimethylamylamine (DMAA);

(20) dioctyl sodium sulfosuccinate (DSS);

(21) ficin;

(22) glyphosate;

(23) green 3 (CAS 2353-45-9);

(24) high fructose corn syrup;

(25) interesterified palm oil;

(26) interesterified soybean oil;

(27)

lactylated fatty acid esters of glycerol and

propylene glycol;

(28) lye;

(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) saccharine;

(42) sodium aluminum sulfate;

(43) sodium lauryl sulfate;

(44) sodium stearyl fumarate;

(45) stearyl tartrate;

(46) synthetic or artificial vanillin;

(47) synthetic trans fatty acid;

(48) thiodipropionic acid;

(49) titanium dioxide;

(50) toluene;

(51) yellow 5 (CAS 1934-21-0); and

(52) yellow 6 (CAS 2783-94-0).

(b) The warning label must:

(1)

include the following statement if the food

contains an ingredient listed in Subsection (a), printed in a font

size not smaller than the smallest font used to disclose other

consumer information required by the United States Food and Drug

Administration:

"WARNING: This product contains an ingredient that is

not recommended for human consumption by the appropriate authority

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 or retailer that offers a product

described by Subsection (a) for sale in this state on the

manufacturer's or retailer'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

or retailer's Internet website on which the product is offered for

sale; or

(2)

otherwise communicating the information to the

consumer.

(d) This section does not apply to:

(1)

an ingredient used in a product not intended for

human consumption; or

(2)

food labeled, prepared, served, or sold in a

restaurant or retail establishment.

(e)

This section does not create a private cause of action

for a violation of this section.

(f)

For the purposes of this section, "food manufacturer"

includes any manufacturer that offers a food product for sale in

this state, regardless of where the product was originally

produced.

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 per day for each distinct food product in

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 based on the nutritional guidelines

recommended by the Texas Nutrition Advisory Committee under Chapter

119B, Health and Safety Code.

SECTION 11. Subchapter D, Chapter 204, Occupations Code, is

amended by adding Section 204.1563 to read as follows:

Sec.

204.1563.

CONTINUING MEDICAL EDUCATION IN NUTRITION

AND METABOLIC HEALTH. (a) As part of continuing medical education

requirements under Section 204.1562, a license holder shall

complete, in accordance with this section and rules adopted under

this section, continuing medical education regarding nutrition and

metabolic health.

(b)

The medical board, on recommendations of the physician

assistant 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 based on the nutritional guidelines

recommended by the Texas Nutrition Advisory Committee under Chapter

119B, Health and Safety Code.

SECTION 12. Subchapter G, Chapter 301, Occupations Code, is

amended by adding Section 301.309 to read as follows:

Sec.

301.309.

CONTINUING EDUCATION IN NUTRITION AND

METABOLIC HEALTH. (a) As part of continuing education

requirements under Section 301.303, a license holder shall

complete, in accordance with this section and rules adopted under

this section, continuing 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 education

required by this section; and

(2)

the content of the continuing education required

by this section based on the nutritional guidelines recommended by

the Texas Nutrition Advisory Committee under Chapter 119B, Health

and Safety Code.

SECTION 13. Subchapter G, Chapter 701, Occupations Code, is

amended by adding Sections 701.302 and 701.303 to read as follows:

Sec.

701.302.

CONTINUING EDUCATION REQUIREMENTS. The

commission by rule shall adopt and the department shall monitor and

enforce a program for the continuing education of license holders

as a condition for license renewal.

The rules must:

(1)

require a license holder to complete not more than

12 hours of continuing education as a prerequisite to renewal of the

license under this chapter; and

(2)

prescribe a process to assess a license holder's

participation in continuing education courses.

Sec.

701.303.

CONTINUING EDUCATION IN NUTRITION AND

METABOLIC HEALTH. (a)

As part of the continuing education

requirements under Section 701.302, a license holder shall

complete, in accordance with this section and rules adopted under

this section, continuing education regarding nutrition and

metabolic health.

(b)

The commission shall adopt rules to implement this

section. The rules must prescribe:

(1)

the number of hours of the continuing education

required by this section; and

(2)

the content of the continuing education required

by this section based on the nutritional guidelines recommended by

the Texas Nutrition Advisory Committee under Chapter 119B, Health

and Safety Code.

SECTION 14. Section 701.304, Occupations Code, is amended

to read as follows:

Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The

commission or department may refuse to renew the license of a person

who fails to
:

(1)
pay an administrative penalty imposed under

Subchapter K, unless enforcement of the penalty is stayed or a court

has ordered that the administrative penalty is not owed
; or

(2)

complete the continuing education requirements

under Section 701.302
.

SECTION 15. (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) Sections 28.002(u) and 28.0115, Education Code, as

added by this Act, apply beginning with the 2027-2028 school year.

SECTION 16. 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 17. (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 18. (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 of representatives, 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 19. (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 20. (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 21. (a) Section 204.1563, 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 204.1563,

Occupations Code, as added by this Act.

SECTION 22. (a) Section 301.309, 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 Board of

Nursing shall adopt the rules required by Section 301.309,

Occupations Code, as added by this Act.

SECTION 23. (a) Sections 701.302 and 701.303, Occupations

Code, as added by this Act, apply 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 Commission

of Licensing and Regulation shall adopt the rules required by

Sections 701.302 and 701.303, Occupations Code, as added by this

Act.

SECTION 24. This Act takes effect September 1, 2025.