Bill Text: TX HB718 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to food and beverages available from a vending machine located on property used by a state agency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to State Affairs [HB718 Detail]
Download: Texas-2019-HB718-Introduced.html
86R3471 SRA-F | ||
By: Lucio III | H.B. No. 718 |
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relating to food and beverages available from a vending machine | ||
located on property used by a state agency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2203, Government Code, is amended by | ||
adding Section 2203.006 to read as follows: | ||
Sec. 2203.006. STANDARDS FOR VENDING MACHINE FOOD AND | ||
BEVERAGES. (a) In this section, "executive commissioner" means the | ||
executive commissioner of the Health and Human Services Commission. | ||
(b) This section applies to food and beverages offered in a | ||
vending machine that is located on property that is: | ||
(1) owned by the state and under the charge and control | ||
of a state agency; or | ||
(2) leased by the state for the use of a state agency. | ||
(c) Food and beverages to which this section applies must | ||
meet minimum nutrition standards adopted by rule by the executive | ||
commissioner. | ||
(d) The minimum nutrition standards must ensure that: | ||
(1) food offered in a vending machine: | ||
(A) contains zero grams of trans fatty acids per | ||
serving, as defined by the United States Food and Drug | ||
Administration; and | ||
(B) contains not more than: | ||
(i) 230 milligrams of sodium per serving if | ||
the food is not a refrigerated meal or other individual meal item; | ||
or | ||
(ii) 480 milligrams of sodium per serving | ||
if the food is a refrigerated meal or other individual meal item; | ||
(2) at least half of the beverage choices offered in a | ||
vending machine, excluding unsweetened milk and 100 percent juice, | ||
contain less than 40 calories per serving; | ||
(3) any milk offered is two percent, one percent, or | ||
nonfat; | ||
(4) if juice is offered, at least one offering is 100 | ||
percent juice with no added sweetener; and | ||
(5) any vegetable juice offered contains not more than | ||
230 milligrams of sodium per serving. | ||
(e) In addition to the minimum nutrition standards required | ||
under Subsection (d)(1), at least 25 percent of packaged foods that | ||
are offered in a vending machine, other than nuts and seeds that do | ||
not have added fats, oils, or sweeteners, must: | ||
(1) have a calorie content made up of: | ||
(A) not more than 10 percent saturated fat; and | ||
(B) not more than 35 percent sugars, excluding | ||
fruits and vegetables without added sweeteners; and | ||
(2) have less than 200 calories. | ||
(f) A vending machine to which this section applies must | ||
display the total calorie content for each item offered. | ||
(g) The executive commissioner shall, at least every five | ||
years, review and, if necessary, update the minimum nutrition | ||
standards adopted under this section. In reviewing the standards, | ||
the executive commissioner shall consider advancements in | ||
nutrition science, dietary data, new product availability, and | ||
updates to the Dietary Guidelines for Americans, as published by | ||
the United States Department of Agriculture and the United States | ||
Department of Health and Human Services. | ||
(h) A contract with a vendor for operation of a vending | ||
machine to which this section applies must include a provision | ||
requiring the vendor to offer food and beverages that meet the | ||
minimum nutrition standards adopted by the executive commissioner | ||
under this section. | ||
(i) The statewide wellness coordinator designated under | ||
Section 664.053 shall provide information and resources to state | ||
agencies to promote state employee wellness through implementing | ||
the requirements of this section. | ||
SECTION 2. (a) Not later than September 1, 2020, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt rules to establish minimum nutrition standards under | ||
Section 2203.006, Government Code, as added by this Act. | ||
(b) Except as provided by Subsection (c) of this section, a | ||
state agency is not required to comply with Section 2203.006, | ||
Government Code, as added by this Act, until September 1, 2021. | ||
(c) Section 2203.006(h), Government Code, as added by this | ||
Act, applies only to a contract for vending machine services for | ||
which a state agency first advertises or otherwise solicits bids, | ||
proposals, offers, or qualifications on or after September 1, 2020. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |