AUSTIN -- Texans would still be able to order chicken-fried steaks, French fries and pecan pies at their favorite restaurants, but those delectable dishes would have to be made without trans fats under a bill the state Senate approved Friday.

"Today we know trans fats cause serious and costly health problems," said state Sen. Eliot Shapleigh, D-El Paso, the bill's author.

Under Shapleigh's bill, chains with 15 or more restaurants would have to stop using oils with trans fats by September 2010. Smaller restaurants would have to eliminate trans fats the next year.

Although trans fats occur naturally in some beef and dairy products, most trans fats in American diets are artificially created when hydrogen is added to liquid oil. Hydrogenated oils in products such as shortening became popular because they made food taste better and last longer.

But the oils also contribute to obesity and increase the amount of bad cholesterol that can clog arteries and lead to heart attacks and strokes.

The Texas state demographer predicts that 15 million Texans could be obese by 2040, costing the state economy as much as $39 billion, according to the Texas Department of State Health Services. In addition to heart disease and other health problems, obesity is correlated with Type 2 diabetes, which affects about 1.8 million Texans.

About 37.6 percent of El Pasoans were overweight in 2006, according to a Paso del Norte Health Foundation report, and an additional 27.2 percent were obese.

Shapleigh said many restaurants, such as McDonald's and Wendy's and even El Paso's L&J Cafe, have started using trans-fat-free oils because customers are demanding more-healthful foods and because those oils have become cheaper.

The Texas Restaurant Association has supported the trans-fat ban.

"They, too, want to do the right thing by consumers," Shapleigh said.

State Sen. Eddie Lucio Jr., D-McAllen, said he was especially concerned about the amount of trans fats children consume as obesity rates continue to rise, especially among children who live along the border.

"We are going to be burying them before they bury us," Lucio said.

The bill passed with a 24-6 vote. Under the bill, restaurants that violate the ban would receive two warnings before facing civil penalties.

Senators who opposed the bill said that what Texans eat should be a personal choice, not a decision for lawmakers.

State Sen. Kel Seliger, R-Amarillo, brandishing a bright pink box of sugary Peeps, asked Shapleigh why lawmakers did not also try to ban candies that lead to dental problems.

"Is there a charge in this bill for assault with a deadly triglyceride?" Seliger asked facetiously. "What we're talking about is the presumption people cannot make decisions for themselves and have to have the state make decisions for them."

The trans-fat ban next moves to the House. If approved there, it will go to Gov. Rick Perry for his signature.


Trans-fat facts
Here are the major food sources of trans fat for American adults. The average daily trans-fat intake is 5.8 grams or 2.6 percent of calories.
- 40 percent: Cakes, cookies, crackers, pies, bread, etc.
- 21 percent: Animal products.
- 17 percent: Margarine.
- 8 percent: Fried potatoes.
- 5 percent: Potato chips, corn chips, popcorn.
- 4 percent: Household shortening.
- 3 percent: Salad dressing.
- 1 percent: Breakfast cereal.
- 1 percent: Candy.
Source: U.S. Food and Drug Administration