HB 25

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.