83R11975 ADM-F By: Raymond H.B. No. 3434 A BILL TO BE ENTITLED AN ACT relating to incentives for using supplemental nutrition assistance program benefits to purchase nutritious foods. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 33, Human Resources Code, is amended by adding Section 33.0252 to read as follows: Sec. 33.0252. PILOT PROGRAM TO ENCOURAGE HEALTHY FOOD CHOICES. (a) In this section: (1) "Nutritious food" means a healthy food item approved by the department for the purposes of the pilot program. (2) "Retailer" means a business approved for participation in the supplemental nutrition assistance program. (b) The department shall establish a pilot program under which: (1) a recipient of supplemental nutrition assistance program benefits receives additional benefits at the point of sale toward future purchases if the recipient purchases a nutritious food; and (2) a retailer is authorized to promote to a recipient of supplemental nutrition assistance program benefits that the recipient may receive additional benefits as a result of nutritious food purchases under the pilot program. (c) The executive commissioner may adopt rules as necessary to implement the pilot program. Rules adopted under this section must include a list of nutritious foods approved for purposes of the pilot program. (d) Not later than September 1 of each year, the department shall submit a report to the legislature regarding the pilot program. The report must include an analysis of whether the additional benefits provided under the program have resulted in increased use of supplemental nutrition assistance program benefits on nutritious food purchases. (e) This section expires September 1, 2018. SECTION 2. As soon as possible after the effective date of this Act, the Health and Human Services Commission shall apply for and actively pursue from the United States Department of Agriculture Food and Nutrition Service or other appropriate federal agency any waiver or other authorization necessary to implement this Act. The commission may delay implementing this Act until the waiver or authorization is granted. SECTION 3. This Act takes effect September 1, 2013.