89th Legislature Regular Session

SB 25

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 25 seeks to enhance health and nutrition standards in Texas public schools by increasing physical activity requirements for students and restricting the use of physical activity as a form of punishment. The bill mandates that students in full-day pre-kindergarten through fifth grade participate in at least 30 minutes of moderate or vigorous physical activity each school day. Additionally, middle school students (grades six through eight) would be required to complete six semesters of physical education, an increase from the current four-semester requirement. Schools may alternatively meet these requirements by providing a minimum of 135 minutes of physical activity per week if daily scheduling proves impractical.

A key provision of the bill prohibits school employees from using the restriction of recess or other physical activities as a disciplinary measure for students in kindergarten through fifth grade. The legislation also authorizes the Texas Education Agency (TEA) to enforce compliance and impose civil penalties on school districts or charter schools that fail to meet these new standards. The stated intent of SB 25 is to promote student health and wellness, combat childhood obesity, and encourage lifelong fitness habits.

The Committee Substitute for SB 25 expands the original bill’s scope by introducing enforcement mechanisms, adding new regulatory provisions, and extending state oversight in health and nutrition policies. While the filed version focused on increasing physical activity requirements for students and implementing a nutrition curriculum in higher education, the Committee Substitute goes further by authorizing civil penalties for school districts that fail to comply with physical education mandates. Additionally, it strengthens restrictions on using physical activity as a disciplinary measure, applying these rules not just to elementary students but also to middle school students engaged in structured physical activity.

Another significant addition is the creation of the Texas Nutrition Advisory Committee, which will oversee statewide nutrition guidelines and conduct independent reviews of scientific research. The Committee Substitute also introduces food labeling requirements, mandating that manufacturers disclose if products contain artificial colors, additives, or chemicals banned in Canada, the EU, or the UK—a provision absent in the original bill. Furthermore, the substitute version extends nutrition education requirements beyond students by mandating continuing medical education (CME) in nutrition and metabolic health for licensed physicians.

The Committee Substitute also delays implementation compared to the filed version, giving schools, healthcare institutions, and food manufacturers more time to comply with the new rules. While these changes enhance the bill’s public health objectives, they also increase regulatory burdens on schools, businesses, and healthcare professionals, raising concerns about state overreach and financial impact.

Author
Lois Kolkhorst
Co-Author
Cesar Blanco
Donna Campbell
Molly Cook
Bob Hall
Bryan Hughes
Phil King
Mayes Middleton
Borris Miles
Tan Parker
Charles Perry
Kevin Sparks
Fiscal Notes

The Legislative Budget Board estimates that SB 25 will have a negative impact of $4.8 million on General Revenue-related funds for the biennium ending August 31, 2027, with ongoing annual costs of approximately $2.67 million per year through 2030. The bill does not appropriate funds but provides a legal basis for future appropriations necessary for implementation.

The Department of State Health Services (DSHS) will require 18 new full-time employees (FTEs) to support enforcement efforts, including food labeling compliance, school physical activity requirements, and the Texas Nutrition Advisory Committee. These personnel costs will account for about $1.6 million in FY 2026 and $2.2 million in FY 2027, with additional non-IT costs of $400,000 per year. The bill also authorizes civil penalties for non-compliance with nutrition labeling and school activity requirements, but the exact revenue impact of these penalties is uncertain.

Local school districts and charter schools may incur additional costs to comply with new physical education requirements, which could include hiring additional staff, modifying class schedules, and purchasing educational materials for the mandatory nutrition curriculum. However, higher education institutions and state agencies (such as the Texas Education Agency and Texas Medical Board) are expected to absorb implementation costs within existing budgets.

While SB 25 includes provisions for penalties and enforcement, these are not expected to generate significant revenue to offset the projected multimillion-dollar state expenditure over the next five years.

Vote Recommendation Notes

SB 25 presents a comprehensive approach to addressing public health concerns by emphasizing nutrition education, increased physical activity in schools, and regulatory oversight of food labeling. The bill seeks to counter rising rates of obesity, chronic diseases, and metabolic disorders by mandating nutrition education in schools and higher education institutions, establishing a Texas Nutrition Advisory Committee, and introducing food labeling requirements for products containing banned ingredients. While these initiatives align with public health goals, the bill also introduces government overreach concerns, financial burdens on schools and businesses, and uncertain enforcement mechanisms that warrant amendments before full approval.

From a liberty perspective, SB 25 has both strengths and weaknesses. It supports personal responsibility by educating students and healthcare professionals on nutrition, which could empower individuals to make healthier choices. However, the mandates on schools, higher education institutions, and businesses raise limited government and free enterprise concerns. The bill also authorizes civil penalties for non-compliance, which could disproportionately impact small food manufacturers and local school districts struggling with budget constraints. Additionally, the requirement for continuing education for medical professionals imposes an additional regulatory burden that may not be necessary for all specialties.

While the intent of the bill is commendable, it would benefit from amendments to reduce state overreach, offer an alternative to penalties, and ensure flexibility in implementation. A revised version of SB 25 that encourages voluntary compliance, provides local control over physical education, and offers resources rather than punitive measures would better align with core liberty principles while still addressing public health concerns. Thus, Texas Policy Research recommends that lawmakers vote NO unless amendments are adopted onto SB 25 to better balance health objectives with individual liberty, limited government, and economic impact considerations.

View Bill Text and Status