TITLE 4. AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 1. GENERAL PROCEDURES

Subchapter E. ADVISORY COMMITTEES

4 TAC §1.210

The Texas Department of Agriculture (the department) proposes new Chapter 1, Subchapter E, §1.210, concerning the Healthy Students = Healthy Families Advisory Committee. New §1.210 adds the Healthy Students = Healthy Families Advisory Committee to the list of the department's advisory committees. The advisory committee will make recommendations to the department and the Commissioner about the Texas Public School Nutrition Policy and nutrition issues affecting Texas children. The committee also will advise the Commissioner on ways to increase participation in school lunch and breakfast programs, ways to coordinate nutrition education and physical fitness components in the overall school nutrition environment, and ways to improve communication among food and service companies, schools, parents, students and TDA's Food and Nutrition Division.

Fred Higgins, assistant commissioner for food and nutrition, has determined that for the first five-year period the proposed new section is in effect there will be no fiscal implications for state or local government as a result of administering or enforcing the proposed new section.

Mr. Higgins has also determined that for each year of the first five years the proposed new section is in effect, the public benefit anticipated as a result of administering and enforcing the new section will be to provide interested members of the public with accurate information regarding the department's advisory committees. There will be no cost to micro-businesses, small businesses or individuals required to comply with the new section, as proposed.

Comments may be submitted to Fred Higgins, Assistant Commissioner for Food and Nutrition, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

New §1.210 is proposed under the Texas Government Code, §2110.005, which requires that an agency that establishes an advisory committee adopt rules setting forth the composition, purpose, duration and duties of the committee.

The code that will be affected by this proposal is the Texas Government Code, Chapter 2110.

§1.210.Healthy Students = Healthy Families Advisory Committee.

(a) Purpose. The Healthy Students = Healthy Families Advisory Committee ("Committee") is appointed by the Commissioner of Agriculture ("Commissioner") and is established within the Texas Department of Agriculture (the "Department") to assist the Commissioner with current and future issues associated with the Texas Public School Nutrition Policy ("TPSNP"), Child Nutrition Programs ("CNP") and other nutrition issues affecting Texas children.

(b) Composition; Duties. The Committee is composed of parents, food service directors, teachers, dieticians and nutritionists, school administrators, health specialists, education service centers, the medical community, physical education specialist and procurement. The Committee shall assist the Commissioner with current and future issues associated with the Texas Public School Nutrition Policy ("TPSNP") and Child Nutrition Programs ("CNP") including, but not limited to, identifying and recommending methods to develop a healthy lifestyle for Texas children and reasonable criteria to obtain these goals, methods to implement the TPSNP and CNP in a fair and balanced manner and methods to decrease childhood obesity rates and to promote wellness and physical fitness as part of the TPSNP. In addition, the Committee may evaluate the CNP and make recommendations to improve service and communication.

(c) Duration. The Committee shall remain in existence as long as deemed necessary by the Commissioner.

(d) Reporting. Reporting takes place through meetings held by the Committee. Through these meetings, the Commissioner and Committee discuss matters related to the Committee's business and the Committee provides oral feedback and direction. TDA staff ("Staff") prepares and maintains the minutes of each advisory committee meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Committee documents to Committee members and the Commissioner.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2007.

TRD-200702937

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: August 26, 2007

For further information, please call: (512) 463-4075