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  82R4721 GCB-F
 
  By: Patrick H.B. No. 3467
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on school districts making available to
  students food containing industrially produced trans fat.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0111 to read as follows:
         Sec. 38.0111.  RESTRICTIONS ON FOOD CONTAINING INDUSTRIALLY
  PRODUCED TRANS FAT. (a) In this section:
               (1)  "Industrially produced trans fat" includes
  vegetable shortening, margarine, and partially hydrogenated
  vegetable oil.
               (2)  "School food service establishment" means a place
  that regularly sells or serves food on a school campus.
         (b)  Except as provided by Subsection (c) or (d), a school
  district may not make available to students through a vending
  machine or a school food service establishment a food that contains
  industrially produced trans fat or that was prepared using another
  food that contains industrially produced trans fat.
         (c)  Subsection (b) does not apply on a day that school is not
  in session or:
               (1)  earlier than 30 minutes before the beginning of
  the first scheduled class of the day; or
               (2)  later than 30 minutes after the conclusion of the
  last scheduled class of the day.
         (d)  Subsection (b) does not apply to a food that:
               (1)  is provided to a school district as part of a
  United States Department of Agriculture meal program; or
               (2)  contains zero grams of trans fat per serving,
  according to the manufacturer's documentation or the label on the
  food, as required by state or federal law or regulations.
         (e)  The commissioner may adopt rules as necessary for the
  administration of this section.
         SECTION 2.  Section 38.0111, Education Code, as added by
  this Act, applies beginning with the 2012-2013 school year.
         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, 2011.