Texas senators passed two measures to complement the federal “Make America Healthy Again” initiative.
A committee substitute for Senate Bill 25, a priority of Lt. Gov. Dan Patrick that was filed by State Sen. Lois Kolkhorst (R-Brenham), passed unanimously on Wednesday.
The measure would require school districts to increase student physical activity. It would also improve nutritional education for future health professionals and implement stricter warning labels on certain foods.
Additionally, SB 25 establishes a seven-member Texas Nutrition Advisory Committee, which will develop nutritional guidelines for Texans after examining the impact of nutrition on health and reviewing studies on ultra-processed foods.
“Obesity affects 20 percent of our children. Seventy-three percent of U.S. adults are overweight or obese. Type 1 diabetes has already doubled in the past 40 years in the adult population. Early onset of cancers … increased a staggering 79 percent from 1990 to 2019,” said Kolhorst.
“The short answer is this: we are going to step up and make real changes so Texas can be a national leader in keeping our population healthy,” she added.
A bipartisan group of senators—José Menéndez (D-San Antonio), Charles Schwertner (R-Georgetown), Carol Alvarado (D-Houston), Mayes Middleton (R-Galveston), and Nathan Johnson (D-Dallas)—spoke in favor of SB 25 on the floor.
Two minor amendments were added to the measure before its final passage, creating better guidance for food manufacturers and expanding necessary nutritional education.
Speaker Dustin Burrows (R-Lubbock) has designated the accompanying House legislation for SB 25 as House Bill 25. It is expected to pass the lower chamber.
Legislation by State Sen. Bryan Hughes (R-Mineola), a committee substitute for SB 314, expanded further on Kolkhorst’s MAHA efforts and passed 30-1.
The measure seeks to prevent certain food additives from being used in schools’ free or reduced-price meals and would prevent school districts from receiving the program’s benefits if found non-compliant.
Hughes and State Sen. Borris Miles (D-Houston) sparred last month during a Senate Health and Human Services Committee hearing about the measure disqualifying noncompliant schools from the state’s free or reduced-price meal program.
After the hearing in which SB 20 and SB 314 were discussed, the two agreed to a floor amendment ensuring school districts could receive a temporary waiver while transitioning to the new system, so their qualification for the program would not be put at risk.
“Whether it’s through supply chain constraints or supplier issues, no school should be put at risk for not being able to provide free and reduced school lunches,” said Miles.
The amendment passed without objection.
Before final passage, State Sen. Roland Gutierrez (D-San Antonio) warned against efforts by the Texas Legislature to pursue measures that could risk school funding amid the Trump administration’s pursuit of spending cuts.
Still, he did not announce whether he was the sole vote against SB 314.
Following the floor votes, Patrick released a statement praising the passage of SB 25, saying it was “more important than ever that Texans are fit and healthy to power our state forward.”
“The commonsense reforms included in SB 25 highlight how important nutrition and exercise are in maintaining overall health,” stated Patrick. “By promoting exercise and educating the public about how damaging ultra-processed foods can be, we can make a positive difference in Texans’ lives.”
The Senate HHS Committee considered another MAHA measure filed by Middleton on Tuesday.
Senate Bill 379 would prohibit the purchase of “junk foods and sweetened drinks” through the federal Supplemental Nutrition Assistance Program.
Middleton cited the U.S. Department of Agriculture’s stated purpose for SNAP: to provide nutritious food essential to health and well-being.
“Soda, energy drinks, candy, cookies, potato chips, [and] corn chips are not nutritious, nor are they essential to health and wellbeing,” said Middleton.
Today, approximately 2.6 million Texans receive both SNAP benefits and Medicaid, and if we don’t pass Senate Bill 379, taxpayer-funded junk food of today will turn into taxpayer-funded health care of tomorrow. So we either deal with the problem now or we deal with it later.
Grace Price, a 19-year-old health advocate, testified in favor of the measure.
“SNAP kids consume 43 percent more sugary drinks than those not on SNAP,” said Price. “America has an obesity crisis, and products like soda and candy funded by SNAP are making it worse, with 72 percent of SNAP recipients also on Medicaid, we are paying for the problem and the solution.”
Price added that a degree in nutrition is unnecessary to recognize that candy and soda are unhealthy. Texas, she said, needs to “recognize that these products have no place in a meal program that’s meant to supplement nutrition.”
Jamie Olson with Feeding Texas testified against the measure, raising concerns about whether it would affect new snacks such as protein cookies, which have added nutritional value but are called “cookies.”
Kolkhorst, the committee’s chair, admitted that some of the measure’s definitions could be strengthened to exclude those types of products.
While introducing SB 25 on the Senate floor on Wednesday, Kolhorst reflected on testimony given by Alec Puente, the American Heart Association’s director of government relations, before the HHS committee the day before.
Puente said the AHA opposed Middleton’s measure because of potential impacts on SNAP participation and risks to population health caused by food insecurity.
“And I said, ‘No, no, are you sure you want to testify against this bill?’ And [the AHA] affirmed that they did. This is where our nation is right now. We need to open up this conversation and have it … we need to step beyond what the FDA [U.S. Food and Drug Administration] has approved,” said Kolkhorst on the floor.
SB 379 was left pending before the committee and will likely be taken up at a later date.
