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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on school districts making available to |
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students food containing industrially produced trans fat. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0111 to read as follows: |
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Sec. 38.0111. RESTRICTIONS ON FOOD CONTAINING INDUSTRIALLY |
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PRODUCED TRANS FAT. (a) In this section: |
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(1) "Industrially produced trans fat" includes |
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vegetable shortening, margarine, and partially hydrogenated |
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vegetable oil. |
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(2) "School food service establishment" means a place |
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that regularly sells or serves food on a school campus. |
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(b) Except as provided by Subsection (c) or (d), a school |
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district may not make available to students through a vending |
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machine or a school food service establishment a food that contains |
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industrially produced trans fat or that was prepared using another |
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food that contains industrially produced trans fat. |
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(c) Subsection (b) does not apply on a day that school is not |
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in session or: |
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(1) earlier than 30 minutes before the beginning of |
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the first scheduled class of the day; or |
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(2) later than 30 minutes after the conclusion of the |
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last scheduled class of the day. |
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(d) Subsection (b) does not apply to a food that: |
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(1) is provided to a school district as part of a |
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United States Department of Agriculture meal program; or |
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(2) contains zero grams of trans fat per serving, |
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according to the manufacturer's documentation or the label on the |
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food, as required by state or federal law or regulations. |
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(e) The commissioner may adopt rules as necessary for the |
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administration of this section. |
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SECTION 2. Section 38.0111, Education Code, as added by |
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this Act, applies beginning with the 2012-2013 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |