By: Lucio III, Rodriguez of Travis H.B. No. 168       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.  The recognition   program must provide for the self-evaluation of a before-school or   after-school program to determine the program's compliance with the   requirements for recognition under Subsection (c).          (c)  A before-school or after-school program seeking   recognition under this section shall evaluate 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)  If a before-school or after-school program determines   that the program meets the requirements for a recognition level   provided by Subsection (e), the program:                (1)  may create a corresponding recognition   certificate using a certificate template created by the department;   and                (2)  shall notify the department of the level of   recognition for which the program qualifies.          (g)  A recognition certificate created by a before-school or   after-school program does not expire, however the program shall   remove the certificate if the program no longer meets the   requirements for recognition. A before-school or after-school   program shall notify the department of any change in the program's   recognition level or if the program no longer qualifies for   recognition.          (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. The department shall update the list at least   quarterly to reflect any change in a program's recognition level.            (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.