85R714 DDT-F     By: Lucio III H.B. No. 646       A BILL TO BE ENTITLED   AN ACT   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, "department" means the Department   of State Health Services.          (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 department.          (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 department shall, at least every five years, review   and, if necessary, update the minimum nutrition standards adopted   under this section. In reviewing the standards, the department   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 department 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, 2018, the   Department of State Health Services 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, 2019.          (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, 2018.          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, 2017.