85R11094 LED-D
By: Raymond H.B. No. 3204
A BILL TO BE ENTITLED
AN ACT
relating to vendor requirements under the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.089 to read as follows:
Sec. 1001.089. VENDOR REQUIREMENTS FOR WOMEN, INFANTS, AND
CHILDREN PROGRAM. (a) In this section:
(1) "Predominantly WIC program vendor" means an
individual store that:
(A) operates and transacts approved WIC program
food items at a fixed location; and
(B) has or is expected to have sales of approved
WIC program food items to WIC program benefits recipients that
exceed 50 percent of the store's total food sales.
(2) "WIC program" means the federal special
supplemental nutrition program for women, infants, and children
authorized by 42 U.S.C. Section 1786.
(b) If federal funding for the WIC program is accepted by
the state, the state shall include as authorized vendors
predominantly WIC program vendors that meet all other vendor
requirements established by federal and state WIC program laws and
regulations.
(c) The state may not impose requirements in a vendor
agreement for the WIC program that are outside the scope of the
program, including requirements relating to:
(1) vendor hours of operation;
(2) inventory stocking of food items other than
approved WIC program food items;
(3) restrictions on opening, closing, or relocating a
store; or
(4) restrictions on the sale of a private business.
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 September 1, 2017.