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AN ACT
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relating to the duties of the interagency obesity council and the |
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Department of Agriculture relating to health, wellness, and |
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prevention of obesity and to the establishment of an obesity |
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prevention pilot program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 114, Health and Safety Code, is amended |
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to read as follows: |
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CHAPTER 114. INTERAGENCY OBESITY COUNCIL |
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Sec. 114.001. DEFINITION. In this chapter, "council" means |
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the interagency obesity council created by this chapter. |
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Sec. 114.002. INTERAGENCY OBESITY COUNCIL. The council is |
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composed of the [(a) The] commissioner of agriculture, the |
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commissioner of state health services, and the commissioner of |
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education, or a staff member designated by each of those |
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commissioners. |
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Sec. 114.003. CONTRACTS FOR ASSISTANCE. The council may |
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contract with a private or public university to assist in gathering |
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information under this chapter. |
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Sec. 114.004. GIFTS AND GRANTS. An agency represented on |
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the council may accept gifts and grants on behalf of the council. |
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Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The council[,] |
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shall review [meet at least once a year as an interagency council
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to:
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[(1) discuss] the status of the [each agency's] |
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programs of the Department of Agriculture, the Department of State |
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Health Services, and the Texas Education Agency that promote better |
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health and nutrition and prevent obesity among children and adults |
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in this state[; and
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[(2)
consider the feasibility of tax incentives for
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employers who promote activities designed to reduce obesity in the
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workforce]. |
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Sec. 114.006. EVIDENCE-BASED PUBLIC HEALTH AWARENESS PLAN. |
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(a) The council shall create an evidence-based public health |
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awareness plan. In creating the plan, the council shall explore |
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past successful public health awareness efforts. |
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(b) The plan must include: |
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(1) a cost estimate that accounts for continuing |
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implementation of the plan; |
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(2) recommendations on reaching populations that |
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would most benefit from increased public health awareness; and |
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(3) recommendations on encouraging employers to |
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participate in wellness programs for employees. |
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(c) The council shall solicit input on the plan from the |
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private sector. |
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(d) The council shall provide to the Department of State |
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Health Services information on effective strategies for employers |
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to use to promote workplace wellness, including information on the |
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projected costs and benefits. The Department of State Health |
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Services shall post the information on its Internet website. |
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Sec. 114.007. REPORTS. (a) [(b)] Not later than January |
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15 of each odd-numbered year, the [interagency] council shall |
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submit a report to the governor, the lieutenant governor, and the |
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speaker of the house of representatives on the activities of the |
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council under Sections 114.005 and 114.006 during the preceding two |
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calendar years. |
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(b) [(c)] A report submitted by the [interagency] council |
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under Subsection (a) [(b)] must include the following information |
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regarding discussions of agency programs under Section 114.005: |
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(1) a list of the programs within each agency |
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represented on the council that are designed to promote better |
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health and nutrition; |
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(2) an assessment of the steps taken by each program |
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during the preceding two calendar years; |
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(3) a report of the progress made by taking these steps |
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in reaching each program's goals; |
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(4) the areas of improvement that are needed in each |
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program; and |
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(5) recommendations for future goals or legislation. |
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(c) A report submitted by the council under Subsection (a) |
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must include the following information regarding the |
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evidence-based public health awareness plan under Section 114.006: |
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(1) a cost estimate for an ongoing program to |
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implement the plan; |
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(2) projected benefits of the program; |
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(3) a summary of the information provided to the |
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Department of State Health Services for its Internet website; and |
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(4) recommendations for goals and future legislation. |
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Sec. 114.008. MEETINGS. (a) The council shall meet at |
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least once each year to perform its duties under Sections 114.005 |
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and 114.006. |
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(b) [(d)] A meeting held under this chapter [section] is not |
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subject to the provisions of the open meetings law, Chapter 551, |
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Government Code. |
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SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0993 to read as follows: |
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Sec. 531.0993. OBESITY PREVENTION PILOT PROGRAM. (a) The |
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commission and the Department of State Health Services shall |
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coordinate to establish a pilot program designed to: |
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(1) decrease the rate of obesity in child health plan |
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program enrollees and Medicaid recipients; |
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(2) improve the nutritional choices and increase |
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physical activity levels of child health plan program enrollees and |
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Medicaid recipients; and |
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(3) achieve long-term reductions in child health plan |
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and Medicaid program costs incurred by the state as a result of |
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obesity. |
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(b) The commission and the Department of State Health |
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Services shall implement the pilot program for a period of at least |
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24 months in one or more health care service regions in this state, |
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as selected by the commission. In selecting the regions for |
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participation, the commission shall consider the degree to which |
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child health plan program enrollees and Medicaid recipients in the |
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region are at higher than average risk of obesity. |
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(c) In developing the pilot program, the commission and the |
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Department of State Health Services shall identify measurable goals |
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and specific strategies for achieving those goals. The specific |
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strategies may be evidence-based to the extent evidence-based |
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strategies are available for the purposes of the program. |
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(d) The commission shall submit a report on or before each |
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November 1 that occurs during the period the pilot program is |
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operated to the standing committees of the senate and house of |
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representatives having primary jurisdiction over the child health |
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plan and Medicaid programs regarding the results of the program. In |
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addition, the commission shall submit a final report to the |
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committees regarding those results not later than three months |
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after the conclusion of the program. Each report must include: |
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(1) a summary of the identified goals for the program |
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and the strategies used to achieve those goals; |
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(2) an analysis of all data collected in the program as |
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of the end of the period covered by the report and the capability of |
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the data to measure achievement of the identified goals; |
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(3) a recommendation regarding the continued |
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operation of the program; and |
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(4) a recommendation regarding whether the program |
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should be implemented statewide. |
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(e) The executive commissioner may adopt rules to implement |
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this section. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 870 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 870 passed the House, with |
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amendments, on May 27, 2009, by the following vote: Yeas 129, |
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Nays 19, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |