84R7364 DDT-F
 
  By: Lucio III H.B. No. 2824
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to food and beverages available from a vending machine
  located on property owned or leased by the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2203, Government Code, is amended by
  adding Section 2203.006 to read as follows:
         Sec. 2203.006.  STANDARDS FOR VENDING MACHINE FOOD AND
  BEVERAGES. (a) In this section, "department" means the Department
  of State Health Services.
         (b)  This section applies to food and beverages offered in a
  vending machine that is located on property that is owned or leased
  by the state, including a vending machine operated under Chapter
  94, Human Resources Code.
         (c)  Food and beverages to which this section applies must
  meet minimum nutrition standards adopted by rule by the department.
         (d)  The minimum nutrition standards must ensure that:
               (1)  food offered in a vending machine:
                     (A)  contains zero grams of trans fatty acids per
  serving, as defined by the United States Food and Drug
  Administration; and
                     (B)  contains not more than:
                           (i)  230 milligrams of sodium per serving if
  the food is not a refrigerated meal or other individual meal item;
  or
                           (ii)  480 milligrams of sodium per serving
  if the food is a refrigerated meal or other individual meal item;
               (2)  at least half of the beverage choices offered in a
  vending machine, excluding unsweetened milk and 100 percent juice,
  contain less than 40 calories per serving;
               (3)  any milk offered is two percent, one percent, or
  nonfat;
               (4)  if juice is offered, at least one offering is 100
  percent juice with no added sweetener; and
               (5)  any vegetable juice offered contains not more than
  230 milligrams of sodium per serving.
         (e)  In addition to the minimum nutrition standards required
  under Subsection (d)(1), at least 25 percent of packaged foods that
  are offered in a vending machine, other than nuts and seeds that do
  not have added fats, oils, or sweeteners, must:
               (1)  have a calorie content made up of:
                     (A)  not more than 10 percent saturated fat; and
                     (B)  not more than 35 percent sugars, excluding
  fruits and vegetables without added sweeteners; and
               (2)  if the food is not a refrigerated meal or other
  individual meal item, have less than 200 calories.
         (f)  A vending machine to which this section applies must
  display the total calorie content for each item offered.
         (g)  The department may provide exceptions to the minimum
  nutrition standards adopted under this section for certain vending
  machines that are frequently used by persons with certain medical
  or dietary profiles identified by the department.
         (h)  The department shall, at least every five years, review
  and, if necessary, update the minimum nutrition standards adopted
  under this section. In reviewing the standards, the department
  shall consider advancements in nutrition science, dietary data, new
  product availability, and updates to the Dietary Guidelines for
  Americans, as published by the United States Department of
  Agriculture and the United States Department of Health and Human
  Services.
         (i)  A contract with a vendor for operation of a vending
  machine to which this section applies must include a provision
  requiring the vendor to offer food and beverages that meet the
  minimum nutrition standards adopted by the department under this
  section.
         (j)  The statewide wellness coordinator designated under
  Section 664.053 shall provide information and resources to state
  agencies to promote state employee wellness through implementing
  the requirements of this section.
         SECTION 2.  (a) Not later than September 1, 2016, the
  Department of State Health Services shall adopt rules to establish
  minimum nutrition standards under Section 2203.006, Government
  Code, as added by this Act.
         (b)  A state agency is not required to comply with Section
  2203.006, Government Code, as added by this Act, until September 1,
  2017.
         (c)  Section 2203.006(i), Government Code, as added by this
  Act, applies only to a contract for vending machine services for
  which a state agency first advertises or otherwise solicits bids,
  proposals, offers, or qualifications on or after September 1, 2016.
         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, 2015.