By: Raymond (Senate Sponsor - Uresti) H.B. No. 3204
(In the Senate - Received from the House May 11, 2017;
May 16, 2017, read first time and referred to Committee on Health &
Human Services; May 22, 2017, reported favorably by the following
vote: Yeas 9, Nays 0; May 22, 2017, sent to printer.)
Click here to see the committee vote
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 sales of food items eligible
for purchase under the supplemental nutrition assistance program
under Chapter 33, Human Resources Code.
(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 for a
predominantly WIC program vendor that are outside the scope of the
WIC program, including requirements relating to:
(1) vendor hours of operation;
(2) inventory stocking of food items other than
approved WIC program food items; or
(3) restrictions on opening, closing, or relocating a
store.
(d) If a change in ownership of a predominantly WIC program
vendor occurs, the new owner, in applying for a new vendor
agreement, is subject to the same vendor requirements as
predominantly WIC program vendors with existing vendor agreements.
(e) This section may not be interpreted to expand the WIC
program in this state in any manner.
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.
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