85R592 MCK-F     By: Menéndez S.B. No. 757       A BILL TO BE ENTITLED   AN ACT   relating to creating a voluntary program to recognize licensed   before-school and after-school programs that promote healthy   eating and physical activity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0429 to read as follows:          Sec. 42.0429.  DISTINGUISHED BEFORE-SCHOOL AND AFTER-SCHOOL   HEALTH RECOGNITION PROGRAM. (a)  In this section:                (1)  "Program attendee" means a child enrolled in a   full-day or half-day before-school or after-school program.                (2)  "Screen time" means time spent viewing television   or videos or working on computers, tablets, and handheld   entertainment devices, with or without Internet access.          (b)  The department shall develop a voluntary program for   recognizing licensed before-school and after-school programs that   promote healthy eating and physical activity.          (c)  The department shall assess a before-school or   after-school program applying for recognition under this section   based on the program's compliance with the following requirements:                (1)  at least one staff member of the before-school or   after-school program is trained on the standards of this section   and the importance of modeling healthy eating and physical activity   in the presence of program attendees;                (2)  the before-school or after-school program   provides opportunities for program attendees to participate in at   least 30 minutes of moderate to vigorous physical activity for a   half-day program and at least 60 minutes of moderate to vigorous   physical activity for a full-day program;                (3)  the before-school or after-school program limits   screen time during the operational hours of the program to less than   30 minutes a day for a half-day program and two hours a day for a   full-day program, not including use in connection with homework or   an activity that engages program attendees in a physical activity   or educational experience;                (4)  the before-school or after-school program:                      (A)  makes healthy foods, including fruits and   vegetables that are fresh, frozen, dried, or canned in their own   juice or water, without added sugar, available to program attendees   during meals or snacks; and                      (B)  encourages program attendees and staff while   in the presence of program attendees during the operational hours   of the program to not eat fried foods or foods that are primarily   sugar-based, are high in calories or sodium, or include trans fat;                (5)  the before-school or after-school program   complies with the following guidelines relating to the serving and   consumption of beverages:                      (A)  program attendees are served water, low-fat   or nonfat milk, nonfat flavored milk, or 100 percent fruit juice;                      (B)  safe, clean drinking water is available and   accessible at all times to program attendees and staff; and                      (C)  beverages with added sugar are not served to   program attendees or consumed by staff in the presence of program   attendees during the operational hours of the program; and                (6)  the before-school or after-school program engages   parents, guardians, and caregivers of program attendees using   informational materials and activities focused on healthy eating   and physical activity relevant to the health of program attendees   at least four times each year.          (d)  The staff training described by Subsection (c)(1) must   comply with the requirements of the National Institute on   Out-of-School Time, the Healthy Out-of-School Time Coalition, or   other similar programs.  The training may be completed in person or   online.          (e)  The department shall establish the following levels of   recognition for before-school and after-school programs applying   for recognition under this section:                (1)  bronze status for a before-school or after-school   program that:                      (A)  meets the staff training requirements   provided by Subsection (c)(1); and                      (B)  complies with at least one other requirement   listed in Subsection (c);                (2)  silver status for a before-school or after-school   program that:                      (A)  meets the staff training requirements   provided by Subsection (c)(1); and                      (B)  complies with at least three other   requirements listed in Subsection (c); and                (3)  gold status for a before-school or after-school   program that:                      (A)  meets the staff training requirements   provided by Subsection (c)(1); and                      (B)  complies with at least four other   requirements listed in Subsection (c).          (f)  The department, as it determines appropriate, may   provide technical assistance to before-school and after-school   programs seeking to advance to a higher recognition level under   Subsection (e).          (g)  A before-school or after-school program that meets the   requirements for a recognition level provided by Subsection (e) may   create a corresponding recognition certificate using a certificate   template created by the department.  A recognition certificate   expires on December 31 of each odd-numbered year. A program may   renew a recognition certificate if the program applies for renewal   not later than January 1 of the year after the date a recognition   certificate expires.          (h)  The department shall post information about the   recognition program on the department's Internet website,   including:                (1)  resources and links that a before-school or   after-school program may use to meet the requirements of Subsection   (c); and                (2)  a template that a before-school or after-school   program may use to create a certificate, signed by the director of   the before-school or after-school program, that describes the   program's recognition level.          (i)  The department shall maintain a list of each   before-school or after-school program that qualifies for   recognition under this section and shall post the list on the   department's Internet website.  The list must include the program's   recognition level and the date the program's recognition   certificate expires.          (j)  The requirements of this section are in addition to any   other requirement imposed by law that applies to a before-school or   after-school program.          (k)  The executive commissioner may adopt rules to implement   this section.          SECTION 2.  This Act takes effect January 1, 2018.