CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY COUNCIL - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY

COUNCIL

Chapter 115, consisting of Secs. 115.001 to 115.012, was added by

Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1.

For another Chapter 115, consisting of Secs. 115.001 to 115.012,

added by Acts 2009, 81st Leg., R.S., Ch.

835, Sec. 1. and Acts 2009, 81st Leg., R.S., Ch.

1133, Sec. 2, see Sec. 115.001 et seq.

Sec. 115.001. DEFINITION. In this chapter, "council" means the

Early Childhood Health and Nutrition Interagency Council.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.002. APPLICATION OF SUNSET ACT. The Early Childhood

Health and Nutrition Interagency Council is subject to Chapter

325, Government Code (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the council is abolished

and this chapter expires September 1, 2019.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.003. COMPOSITION OF COUNCIL; PRESIDING OFFICER. (a)

The Department of Agriculture shall establish the Early Childhood

Health and Nutrition Interagency Council. The council is

composed of eight members as follows:

(1) a representative of the Health and Human Services Commission

who is involved in the coordination of children's programs,

appointed by the executive commissioner of the Health and Human

Services Commission;

(2) a representative of the Department of State Health Services'

health promotion and chronic disease prevention programs,

appointed by the commissioner of state health services;

(3) a representative of the Department of State Health Services'

Special Supplemental Nutrition Program for Women, Infants and

Children, appointed by the commissioner of state health services;

(4) a representative of the Texas Workforce Commission,

appointed by the executive director of the Texas Workforce

Commission;

(5) a representative of the Department of Agriculture, appointed

by the commissioner of agriculture;

(6) a representative of the Texas Education Agency's school

health programs, appointed by the commissioner of education;

(7) a representative of the Department of Family and Protective

Services' Child Care Licensing Division, appointed by the

commissioner of the Department of Family and Protective Services;

and

(8) a representative of the Texas AgriLife Extension Service,

appointed by the director of the Texas AgriLife Extension

Service.

(b) The representative appointed under Subsection (a)(5) shall

serve as the presiding officer of the council.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.004. DEPARTMENT DUTIES. The Department of Agriculture

shall provide staff and resources as necessary for the operation

of the council.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.005. TERMS; VACANCY. (a) Members of the council serve

two-year terms, with the terms expiring February 1 of each

odd-numbered year.

(b) A member may be reappointed.

(c) A vacancy on the council shall be filled for the remainder

of the unexpired term in the same manner as provided by Section

115.003(a).

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.006. MEETINGS. (a) The council shall meet in person

three times each year and may hold meetings by conference call as

necessary. The council shall invite stakeholders to participate

in at least two council meetings each year and provide an

opportunity for submission of oral or written testimony. The

council at a minimum shall invite:

(1) one individual with expertise in early childhood nutrition

and physical activity, such as a registered dietician, physical

therapist, or physical education specialist;

(2) one staff member or manager of a child-care facility;

(3) one staff member or manager of a child-care facility

operated in a private residence;

(4) two individuals with medical experience in early childhood

health, such as a family practice physician, registered nurse,

nurse practitioner, pediatrician, or child health consultant;

(5) one representative from a nonprofit organization that

provides family or wellness services; and

(6) one representative from an agency or organization with

expertise in community health education and outreach, such as a

local health department, public relations or marketing firm, or

university.

(b) Section 551.125, Government Code, applies to a meeting held

by conference call under this section, except that Section

551.125(b), Government Code, does not apply.

(c) Not later than August 1, 2010, the council shall provide

three or more opportunities for public input, including two or

more public hearings, to receive stakeholder input. This

subsection expires September 1, 2010.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.007. COUNCIL POWERS AND DUTIES. (a) The council shall

review current research to assess:

(1) the health of children under the age of six in this state

compared to the health of similar children in other states;

(2) the significance of nutrition and physical activity in the

development of children under the age of six; and

(3) the existence of nutrition and physical activity

requirements and practices in early childhood care settings.

(b) The council shall review the status of the programs

administered by each agency represented on the council that

promote healthy nutrition and physical activity in early

childhood care settings.

(c) The council shall identify existing state and federal

funding sources available for the promotion of health and

nutrition in early childhood care settings.

(d) The council shall consult with key stakeholders to identify:

(1) barriers to improving nutrition and physical activity

standards in early childhood care settings; and

(2) evidence-based best practices for improving early childhood

health through nutrition and physical activity.

(e) The Department of Agriculture for the council may contract

with a university to study and report on best practices and

obstacles for addressing early childhood health through nutrition

and physical activity.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.008. COMPENSATION; REIMBURSEMENT. (a) A member of the

council may not receive compensation for service on the council.

(b) A member may be reimbursed for the member's actual and

necessary expenses for meals, lodging, transportation, and

incidental expenses incurred while performing council business,

subject to any applicable limitation on reimbursement prescribed

by the General Appropriations Act.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.009. EARLY CHILDHOOD NUTRITION AND PHYSICAL ACTIVITY

PLAN. (a) The council shall develop an early childhood

nutrition and physical activity plan with a recommended timeline

for implementation over a six-year period.

(b) The six-year plan must account for stakeholder

recommendations, address the financing, staffing, and training

required to implement the plan, and include methods to:

(1) increase fruit and vegetable consumption among children

under the age of six;

(2) increase daily structured and unstructured physical activity

in early childhood care settings;

(3) increase awareness among parents of the benefits of

breast-feeding, healthy eating, and appropriate activity in

children under the age of six;

(4) facilitate the consumption of breast milk in early childhood

care settings;

(5) decrease malnutrition and undernourishment among children

under the age of six; and

(6) engage existing community and state resources and service

providers to educate and increase the awareness of parents and

caretakers regarding the need for proper nutrition.

(c) The council, not later than November 1, 2010, shall submit a

written early childhood nutrition and physical activity plan to

the legislature and the governor. This subsection expires

December 1, 2010.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.010. GIFTS, GRANTS, AND DONATIONS. The Department of

Agriculture for the council may accept a gift, grant, or donation

from any source to carry out the purposes of this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.011. REPORT. The council shall submit to both houses

of the legislature and the governor on or before November 1 of

each even-numbered year a written report on:

(1) the actions taken in furtherance of the six-year plan;

(2) the areas that need improvement in implementing the six-year

plan;

(3) any change to the six-year plan; and

(4) the programs and practices that address nutrition and

physical activity in early childhood settings in this state.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.

Sec. 115.012. RULES. The commissioner of agriculture may adopt

rules necessary to implement this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

733, Sec. 1, eff. September 1, 2009.