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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of the Early Childhood Health and Nutrition |
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Interagency Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 115 to read as follows: |
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CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY |
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COUNCIL |
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Sec. 115.001. DEFINITION. In this chapter, "council" means |
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the Early Childhood Health and Nutrition Interagency Council. |
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Sec. 115.002. APPLICATION OF SUNSET ACT. The Early |
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Childhood Health and Nutrition Interagency Council is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the council is abolished |
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and this chapter expires September 1, 2019. |
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Sec. 115.003. COMPOSITION OF COUNCIL; PRESIDING OFFICER. |
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(a) The Department of Agriculture shall establish the Early |
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Childhood Health and Nutrition Interagency Council. The council is |
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composed of six members as follows: |
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(1) a representative of the Health and Human Services |
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Commission's Office of Program Coordination for Children and Youth, |
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appointed by the executive commissioner of the Health and Human |
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Services Commission; |
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(2) a representative of the Department of State Health |
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Services' Chronic Disease Prevention Branch, appointed by the |
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commissioner of state health services; |
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(3) a representative of the Texas Workforce |
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Commission, appointed by the executive director of the Texas |
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Workforce Commission; |
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(4) a representative of the Department of Agriculture, |
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appointed by the commissioner of agriculture; |
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(5) a representative of the Texas Education Agency's |
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Health and Safety Division, appointed by the commissioner of |
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education; and |
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(6) a representative of the Department of Family and |
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Protective Services' Child Care Licensing Division, appointed by |
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the commissioner of the Department of Family and Protective |
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Services. |
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(b) The representative appointed under Subsection (a)(4) |
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shall serve as the presiding officer of the council. |
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Sec. 115.004. DEPARTMENT DUTIES. The Department of |
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Agriculture shall provide staff and resources as necessary for the |
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operation of the council. |
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Sec. 115.005. TERMS; VACANCY. (a) Members of the council |
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serve staggered, two-year terms, with the terms of members |
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appointed under Sections 115.003(a)(1) through (3) expiring |
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February 1 of each odd-numbered year and the terms of members |
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appointed under Sections 115.003(a)(4) through (6) expiring |
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February 1 of each even-numbered year. |
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(b) A member may be reappointed. |
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(c) A vacancy on the council shall be filled for the |
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remainder of the unexpired term in the same manner as provided by |
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Section 115.003(a). |
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Sec. 115.006. MEETINGS. (a) The council shall meet in |
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person once each quarter and hold at least four meetings by |
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conference call each year. The council may invite stakeholders to |
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participate in council meetings. Section 551.125, Government Code, |
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applies to a meeting held by conference call under this section, |
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except that Section 551.125(b) does not apply. |
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(b) Not later than August 1, 2010, the council shall provide |
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three or more opportunities for public input, including two or more |
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public hearings, to receive stakeholder input. This subsection |
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expires September 1, 2010. |
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Sec. 115.007. COUNCIL POWERS AND DUTIES. (a) The council |
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shall conduct research to assess: |
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(1) the health of children under the age of five in |
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this state compared to the health of similar children in other |
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states; |
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(2) the significance of nutrition and physical |
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activity in the development of children under the age of six; and |
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(3) the effectiveness of nutrition and physical |
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activity requirements and practices in early childhood care |
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settings. |
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(b) The council shall review the status of the programs |
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administered by each agency represented on the council that promote |
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health and nutrition in early childhood care settings. |
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(c) The council shall consult with key stakeholders to |
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identify: |
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(1) barriers to improving nutrition and physical |
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activity standards in early childhood care settings; and |
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(2) best practices for improving early childhood |
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health through nutrition and physical activity. |
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(d) The council may contract with a university to study and |
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report on best practices and obstacles for addressing early |
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childhood health through nutrition and physical activity. |
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Sec. 115.008. COMPENSATION; REIMBURSEMENT. (a) A member |
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of the council may not receive compensation for service on the |
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council. |
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(b) A member shall be reimbursed for the member's actual and |
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necessary expenses for meals, lodging, transportation, and |
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incidental expenses incurred while performing council business, |
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subject to any applicable limitation on reimbursement prescribed by |
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the General Appropriations Act. |
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Sec. 115.009. EARLY CHILDHOOD NUTRITION AND ACTIVITY PLAN. |
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(a) The council shall develop an early childhood nutrition and |
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activity plan for implementation over a six-year period. The plan |
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must address the financing, staffing, and training required to |
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implement the plan and must include methods to: |
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(1) increase fruit and vegetable consumption among |
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children under the age of six; |
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(2) increase daily structured and unstructured |
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physical activity in early childhood care settings; |
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(3) increase awareness among parents of the benefits |
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of breast-feeding; |
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(4) facilitate the consumption of breast milk in early |
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childhood care settings; |
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(5) decrease malnutrition and undernourishment among |
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children under the age of six; and |
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(6) engage existing community and state resources and |
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service providers to educate and increase the awareness of parents |
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and caretakers regarding the need for proper nutrition. |
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(b) The council, not later than November 1, 2010, shall |
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submit a written early childhood nutrition and activity plan to the |
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legislature and the governor. This subsection expires December 1, |
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2010. |
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Sec. 115.010. GIFTS, GRANTS, AND DONATIONS. The council |
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may accept a gift, grant, or donation from any source to carry out |
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the purposes of this chapter. |
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Sec. 115.011. REPORT. The council shall submit to both |
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houses of the legislature and the governor on or before November 1 |
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of each even-numbered year a written report on: |
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(1) the actions taken in furtherance of the six-year |
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plan; and |
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(2) the areas that need improvement in implementing |
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the plan. |
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Sec. 115.012. RULES. The commissioner of agriculture may |
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adopt rules necessary to implement this chapter. |
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SECTION 2. (a) The Early Childhood Health and Nutrition |
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Interagency Council shall submit an initial report required under |
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Section 115.011, Health and Safety Code, as added by this Act, not |
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later than November 1, 2012. |
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(b) As soon as practicable after the effective date of this |
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Act, the designated appointing officials shall appoint the members |
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to the Early Childhood Health and Nutrition Interagency Council |
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established under Chapter 115, Health and Safety Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |