Texas 2019 - 86th Regular

Texas House Bill HB3541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R27787~~ JG-D
	1	+	86R8221 JG-F
2	2		By: Rose H.B. No. 3541
3		-	Substitute the following for H.B. No. 3541:
4		-	By: Deshotel C.S.H.B. No. 3541
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to a study and pilot program regarding the use of
10	8		incentives to purchase certain fruits or vegetables under the
11	9		supplemental nutrition assistance program.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
14	12		is amended by adding Sections 33.035 and 33.036 to read as follows:
15	13		Sec. 33.035. PILOT PROGRAM TO INCENTIVIZE PURCHASE OF
16	14		TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In this section:
17	15		(1) "Eligible fruits or vegetables" means any variety
18	16		of fresh, canned, dried, or frozen whole or cut fruits or
19	17		vegetables:
20	18		(A) with no added sugars, fats, oils, or salt;
21	19		and
22	20		(B) that are produced or harvested in this state.
23	21		(2) "Incentive" means a financial benefit provided to
24	22		a recipient of supplemental nutrition assistance program benefits
25	23		that encourages the recipient to purchase eligible fruits or
26	24		vegetables.
27		-	(3) "Pilot program" means the pilot program ~~described~~
28		-	by Subsection (b).
	25	+	(3) "Pilot program" means the pilot program
	26	+	established under Subsection (b).
29	27		(4) "Retailer" has the meaning assigned by Section
30	28		33.0023.
31	29		(b) The commission, in consultation with the work group
32		-	established under Subsection (c), ~~may~~ establish a pilot program in
33		-	one or more geographic areas of this state through which:
	30	+	established under Subsection (c), shall establish a pilot program
	31	+	in one or more geographic areas of this state through which:
34	32		(1) a recipient of supplemental nutrition assistance
35	33		program benefits is able to receive an incentive when purchasing
36	34		eligible fruits or vegetables from a retailer that may be used
37	35		toward a subsequent purchase of eligible fruits or vegetables; and
38	36		(2) a retailer is authorized to publicize the
39	37		incentive to recipients of supplemental nutrition assistance
40	38		program benefits.
41		-	(c) The commission shall establish a work group to assist
42		-	the commission with the study described by Section 33.036 and, as
43		-	applicable, provide input for the establishment of the pilot
44		-	program. The work group must be composed of relevant stakeholders
45		-	from rural and urban areas throughout this state who have expertise
46		-	in providing incentives under the supplemental nutrition
47		-	assistance program. At least one member of the work group must have
48		-	direct marketing representative experience in operating a
49		-	comparable program.
	39	+	(c) The commission shall establish a work group to provide
	40	+	input for the establishment of the pilot program. The work group
	41	+	must be composed of relevant stakeholders from rural and urban
	42	+	areas throughout this state who have expertise in providing
	43	+	incentives under the supplemental nutrition assistance program. At
	44	+	least one member of the work group must have direct marketing
	45	+	representative experience in operating a comparable program.
50	46		(d) The executive commissioner shall appoint one member of
51	47		the work group to serve as presiding officer.
52	48		(e) The work group is not subject to Chapter 2110,
53	49		Government Code.
54	50		(f) A member of the work group may not receive compensation
55	51		for serving on the work group and may not be reimbursed for travel
56	52		or other expenses incurred while conducting the business of the
57	53		work group.
58		-	(g) If the commission establishes the pilot program under
59		-	this section, the commission may contract with an entity that has
	54	+	(g) The commission may contract with an entity that has
60	55		appropriate experience and expertise in administering comparable
61	56		programs to administer the pilot program.
62	57		(h) The commission may solicit and accept gifts, grants, and
63	58		donations from any source to establish and administer the pilot
64		-	program or to perform any other duty under this section.
65		-	(i) If the commission establishes the pilot program under
66		-	this section, the commission, with assistance from the work group,
	59	+	program or to perform any other duty required under this section.
	60	+	(i) The commission, with assistance from the work group,
67	61		shall:
68	62		(1) develop and the executive commissioner shall
69	63		submit any necessary applications to obtain a federal waiver to
70	64		operate the pilot program; and
71	65		(2) apply for any available federal money to operate
72	66		the program, including federal nutrition incentives available
73	67		under Section 4205, Agriculture Improvement Act of 2018 (7 U.S.C.
74	68		Section 7517).
75		-	(j) The commission may delay the operation of the pilot
76		-	program, as applicable, until the commission receives federal money
77		-	to operate the program or until money is appropriated or donated to
78		-	the commission to operate the program.
79	69		Sec. 33.036. STUDY ON EXISTING PROGRAMS THAT INCENTIVIZE
80	70		PURCHASE OF TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In
81	71		this section, "eligible fruits or vegetables" and "incentive" have
82	72		the meanings assigned by Section 33.035.
83	73		(b) The commission, in consultation with the work group
84	74		established under Section 33.035, shall conduct a study on programs
85	75		in this state that provide incentives for the purchase of eligible
86	76		fruits or vegetables under the supplemental nutrition assistance
87	77		program. The study must include:
88	78		(1) an inventory of existing programs that provide
89	79		incentives for the purchase of eligible fruits or vegetables under
90	80		the supplemental nutrition assistance program, including details
91	81		on how the programs are funded;
92	82		(2) recommendations on increasing the number and
93	83		availability of programs in this state that provide incentives for
94	84		the purchase of eligible fruits or vegetables under the
95	85		supplemental nutrition assistance program; and
96	86		(3) an analysis of:
97	87		(A) strategies to encourage the purchase of
98	88		eligible fruits or vegetables using supplemental nutrition
99	89		assistance program benefits;
100	90		(B) the potential impact of programs in this
101	91		state that provide incentives for the purchase of eligible fruits
102	92		or vegetables on the specialty crop industry in this state; and
103	93		(C) federal programs and money available to
104	94		encourage the purchase of eligible fruits or vegetables using
105	95		supplemental nutrition assistance program benefits, including the
106	96		Food Insecurity Nutrition Incentive (FINI) Grant Program operated
107	97		by the United States Department of Agriculture.
108	98		(c) The commission may solicit and accept gifts, grants, and
109	99		donations from any source to conduct the study.
110	100		(d) Not later than December 1, 2020, the commission shall
111	101		prepare and submit to the governor, the lieutenant governor, the
112	102		speaker of the house of representatives, and each standing
113	103		committee of the legislature having primary jurisdiction over
114	104		health and human services a written report that summarizes the
115	105		commission's findings under Subsection (b) and recommendations for
116	106		legislative or other action.
117	107		(e) This section expires September 1, 2021.
118	108		SECTION 2. As soon as practicable after the effective date
119	109		of this Act, the executive commissioner of the Health and Human
120	110		Services Commission shall adopt rules necessary to implement
121	111		Sections 33.035 and 33.036, Human Resources Code, as added by this
122	112		Act.
123	113		SECTION 3. If before implementing any provision of this Act
124	114		a state agency determines that a waiver or authorization from a
125	115		federal agency is necessary for implementation of that provision,
126	116		the agency affected by the provision shall request the waiver or
127	117		authorization and may delay implementing that provision until the
128	118		waiver or authorization is granted.
129	119		SECTION 4. This Act takes effect immediately if it receives
130	120		a vote of two-thirds of all the members elected to each house, as
131	121		provided by Section 39, Article III, Texas Constitution. If this
132	122		Act does not receive the vote necessary for immediate effect, this
133	123		Act takes effect September 1, 2019.