83R17830 EES-D
By: King of Taylor, Riddle, White, H.B. No. 948
N. Gonzalez of El Paso, Raymond, et al.
Substitute the following for H.B. No. 948:
By: Raymond C.S.H.B. No. 948
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of the supplemental
nutrition assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Sections 33.032, 33.033, and 33.034 to read as
follows:
Sec. 33.032. PILOT PROJECTS TO ENCOURAGE HEALTHY FOOD
CHOICES. (a) The department shall develop and seek waivers or
other appropriate authorization from the United States Department
of Agriculture or other applicable federal agency to implement the
following separate pilot projects:
(1) a five-year pilot project in which recipients of
benefits under the supplemental nutrition assistance program are
provided targeted nutrition education or nutrition guidelines to
encourage the recipients to purchase healthy foods; and
(2) a five-year pilot project in which recipients of
benefits under the supplemental nutrition assistance program
receive additional benefits at the point of sale if the recipients
purchase certain healthy foods.
(b) A pilot project developed under this section may be
implemented only in a municipality or county the governing body of
which authorizes participation in the pilot project.
(c) Not later than the 30th day after the two-year
anniversary and the four-year anniversary of the date of the
commencement of each pilot project implemented under this section,
the department shall submit a report containing an update on the
pilot project to the legislature.
(d) Not later than the 90th day after the date a pilot
project implemented under this section is completed, the department
shall submit a report containing an evaluation of the pilot project
to the legislature, including recommendations regarding the
continuation or expansion of the project.
(e) The department shall make available to the United States
Department of Agriculture or other applicable federal agency any
report prepared under Subsection (c) or (d) and any data collected
by the department in relation to the report.
(f) The department may collaborate with a public or private
institution of higher education in preparing the reports required
under Subsections (c) and (d).
Sec. 33.033. ADVERTISING BY SNAP RETAILERS. (a) In this
section, "retailer" means a business approved for participation in
the supplemental nutrition assistance program.
(b) The department shall:
(1) encourage a retailer to promote the purchase of
healthy foods in any advertising displayed by the retailer relating
to the retailer's participation in the supplemental nutrition
assistance program; and
(2) discourage a retailer from displaying advertising
relating to the retailer's participation in the supplemental
nutrition assistance program near food of minimal nutritional
value.
(c) In this section, "food of minimal nutritional value" has
the meaning assigned by 7 C.F.R. Section 210.11(a)(2).
Sec. 33.034. REPORT ON EFFORTS TO ENCOURAGE HEALTHY FOOD
PURCHASES. (a) Not later than December 1 of each even-numbered
year, the department shall submit to the legislature a report
summarizing the department's efforts to:
(1) discourage recipients of supplemental nutrition
assistance benefits from purchasing food of minimal nutritional
value, as defined by Section 33.033; and
(2) encourage recipients of supplemental nutrition
assistance benefits to purchase healthy foods.
(b) If appropriate, the department may include a report
required under Subsection (a) in another report that the department
is required to submit to the legislature.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.