CHAPTER 115. EARLY CHILDHOOD HEALTH AND NUTRITION INTERAGENCY COUNCIL
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.