Hull Nutrition Bill Warns On 52 Ingredients, Except In Stores

The text as introduced · 2,402 words

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.