| 1 | 1 | | By: Raymond (Senate Sponsor - Uresti) H.B. No. 3204 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 11, 2017; |
|---|
| 3 | 3 | | May 16, 2017, read first time and referred to Committee on Health & |
|---|
| 4 | 4 | | Human Services; May 22, 2017, reported favorably by the following |
|---|
| 5 | 5 | | vote: Yeas 9, Nays 0; May 22, 2017, sent to printer.) |
|---|
| 6 | 6 | | Click here to see the committee vote |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to vendor requirements under the Special Supplemental |
|---|
| 12 | 12 | | Nutrition Program for Women, Infants, and Children (WIC). |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
|---|
| 15 | 15 | | Code, is amended by adding Section 1001.089 to read as follows: |
|---|
| 16 | 16 | | Sec. 1001.089. VENDOR REQUIREMENTS FOR WOMEN, INFANTS, AND |
|---|
| 17 | 17 | | CHILDREN PROGRAM. (a) In this section: |
|---|
| 18 | 18 | | (1) "Predominantly WIC program vendor" means an |
|---|
| 19 | 19 | | individual store that: |
|---|
| 20 | 20 | | (A) operates and transacts approved WIC program |
|---|
| 21 | 21 | | food items at a fixed location; and |
|---|
| 22 | 22 | | (B) has or is expected to have sales of approved |
|---|
| 23 | 23 | | WIC program food items to WIC program benefits recipients that |
|---|
| 24 | 24 | | exceed 50 percent of the store's total sales of food items eligible |
|---|
| 25 | 25 | | for purchase under the supplemental nutrition assistance program |
|---|
| 26 | 26 | | under Chapter 33, Human Resources Code. |
|---|
| 27 | 27 | | (2) "WIC program" means the federal special |
|---|
| 28 | 28 | | supplemental nutrition program for women, infants, and children |
|---|
| 29 | 29 | | authorized by 42 U.S.C. Section 1786. |
|---|
| 30 | 30 | | (b) If federal funding for the WIC program is accepted by |
|---|
| 31 | 31 | | the state, the state shall include as authorized vendors |
|---|
| 32 | 32 | | predominantly WIC program vendors that meet all other vendor |
|---|
| 33 | 33 | | requirements established by federal and state WIC program laws and |
|---|
| 34 | 34 | | regulations. |
|---|
| 35 | 35 | | (c) The state may not impose requirements for a |
|---|
| 36 | 36 | | predominantly WIC program vendor that are outside the scope of the |
|---|
| 37 | 37 | | WIC program, including requirements relating to: |
|---|
| 38 | 38 | | (1) vendor hours of operation; |
|---|
| 39 | 39 | | (2) inventory stocking of food items other than |
|---|
| 40 | 40 | | approved WIC program food items; or |
|---|
| 41 | 41 | | (3) restrictions on opening, closing, or relocating a |
|---|
| 42 | 42 | | store. |
|---|
| 43 | 43 | | (d) If a change in ownership of a predominantly WIC program |
|---|
| 44 | 44 | | vendor occurs, the new owner, in applying for a new vendor |
|---|
| 45 | 45 | | agreement, is subject to the same vendor requirements as |
|---|
| 46 | 46 | | predominantly WIC program vendors with existing vendor agreements. |
|---|
| 47 | 47 | | (e) This section may not be interpreted to expand the WIC |
|---|
| 48 | 48 | | program in this state in any manner. |
|---|
| 49 | 49 | | SECTION 2. If before implementing any provision of this Act |
|---|
| 50 | 50 | | a state agency determines that a waiver or authorization from a |
|---|
| 51 | 51 | | federal agency is necessary for implementation of that provision, |
|---|
| 52 | 52 | | the agency affected by the provision shall request the waiver or |
|---|
| 53 | 53 | | authorization and may delay implementing that provision until the |
|---|
| 54 | 54 | | waiver or authorization is granted. |
|---|
| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|
| 56 | 56 | | * * * * * |
|---|