| 1 | 1 | | 83R7451 EES-D |
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| 2 | 2 | | By: N. Gonzalez of El Paso H.B. No. 1827 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to advertising by retailers participating in the |
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| 8 | 8 | | supplemental nutrition assistance program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 33.038 to read as follows: |
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| 12 | 12 | | Sec. 33.038. ADVERTISING BY SNAP RETAILERS. (a) In this |
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| 13 | 13 | | section, "retailer" means a business approved for participation in |
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| 14 | 14 | | the supplemental nutrition assistance program. |
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| 15 | 15 | | (b) A retailer may not affix a tag or sticker to or display a |
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| 16 | 16 | | sign near food or drink items with minimal nutritional value that: |
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| 17 | 17 | | (1) advertises the retailer's participation in the |
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| 18 | 18 | | supplemental nutrition assistance program; or |
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| 19 | 19 | | (2) encourages recipients of supplemental nutrition |
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| 20 | 20 | | assistance benefits to purchase those food or drink items. |
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| 21 | 21 | | (c) The executive commissioner by rule shall define |
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| 22 | 22 | | "minimal nutritional value" for purposes of this section. |
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| 23 | 23 | | SECTION 2. Not later than January 1, 2014, the executive |
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| 24 | 24 | | commissioner of the Health and Human Services Commission shall |
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| 25 | 25 | | adopt the rules required by Section 33.038, Human Resources Code, |
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| 26 | 26 | | as added by this Act. |
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| 27 | 27 | | SECTION 3. If before implementing any provision of this Act |
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| 28 | 28 | | a state agency determines that a waiver or authorization from a |
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| 29 | 29 | | federal agency is necessary for implementation of that provision, |
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| 30 | 30 | | the agency affected by the provision shall request the waiver or |
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| 31 | 31 | | authorization and may delay implementing that provision until the |
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| 32 | 32 | | waiver or authorization is granted. |
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| 33 | 33 | | SECTION 4. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2013. |
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