S.B. No. 1834
AN ACT
relating to a study and pilot program regarding the use of
incentives to purchase certain fruits or vegetables under 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 33.035 and 33.036 to read as follows:
Sec. 33.035. PILOT PROGRAM TO INCENTIVIZE PURCHASE OF
TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In this section:
(1) "Eligible fruits or vegetables" means any variety
of fresh, canned, dried, or frozen whole or cut fruits or
vegetables:
(A) with no added sugars, fats, oils, or salt;
and
(B) that are produced or harvested in this state.
(2) "Incentive" means a financial benefit provided to
a recipient of supplemental nutrition assistance program benefits
that encourages the recipient to purchase eligible fruits or
vegetables.
(3) "Pilot program" means the pilot program described
by Subsection (b).
(4) "Retailer" has the meaning assigned by Section
33.0023.
(b) The commission, in consultation with the work group
established under Subsection (c), may establish a pilot program in
one or more geographic areas of this state through which:
(1) a recipient of supplemental nutrition assistance
program benefits is able to receive an incentive when purchasing
eligible fruits or vegetables from a retailer that may be used
toward a subsequent purchase of eligible fruits or vegetables; and
(2) a retailer is authorized to publicize the
incentive to recipients of supplemental nutrition assistance
program benefits.
(c) The commission shall establish a work group to assist
the commission with the study described by Section 33.036 and, as
applicable, provide input for the establishment of the pilot
program. The work group must be composed of relevant stakeholders
from rural and urban areas throughout this state who have expertise
in providing incentives under the supplemental nutrition
assistance program. At least one member of the work group must have
direct marketing representative experience in operating a
comparable program.
(d) The executive commissioner shall appoint one member of
the work group to serve as presiding officer.
(e) The work group is not subject to Chapter 2110,
Government Code.
(f) A member of the work group may not receive compensation
for serving on the work group and may not be reimbursed for travel
or other expenses incurred while conducting the business of the
work group.
(g) If the commission establishes the pilot program under
this section, the commission may contract with an entity that has
appropriate experience and expertise in administering comparable
programs to administer the pilot program.
(h) The commission may solicit and accept gifts, grants, and
donations from any source to establish and administer the pilot
program or to perform any other duty under this section.
(i) If the commission establishes the pilot program under
this section, the commission, with assistance from the work group,
shall:
(1) develop and the executive commissioner shall
submit any necessary applications to obtain a federal waiver to
operate the pilot program; and
(2) apply for any available federal money to operate
the program, including federal nutrition incentives available
under Section 4205, Agriculture Improvement Act of 2018 (7 U.S.C.
Section 7517).
(j) The commission may delay the operation of the pilot
program, as applicable, until the commission receives federal money
to operate the program or until money is appropriated or donated to
the commission to operate the program.
Sec. 33.036. STUDY ON EXISTING PROGRAMS THAT INCENTIVIZE
PURCHASE OF TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In
this section, "eligible fruits or vegetables" and "incentive" have
the meanings assigned by Section 33.035.
(b) The commission, in consultation with the work group
established under Section 33.035, shall conduct a study on programs
in this state that provide incentives for the purchase of eligible
fruits or vegetables under the supplemental nutrition assistance
program. The study must include:
(1) an inventory of existing programs that provide
incentives for the purchase of eligible fruits or vegetables under
the supplemental nutrition assistance program, including details
on how the programs are funded;
(2) recommendations on increasing the number and
availability of programs in this state that provide incentives for
the purchase of eligible fruits or vegetables under the
supplemental nutrition assistance program; and
(3) an analysis of:
(A) strategies to encourage the purchase of
eligible fruits or vegetables using supplemental nutrition
assistance program benefits;
(B) the potential impact of programs in this
state that provide incentives for the purchase of eligible fruits
or vegetables on the specialty crop industry in this state; and
(C) federal programs and money available to
encourage the purchase of eligible fruits or vegetables using
supplemental nutrition assistance program benefits, including the
Food Insecurity Nutrition Incentive (FINI) Grant Program operated
by the United States Department of Agriculture.
(c) The commission may solicit and accept gifts, grants, and
donations from any source to conduct the study.
(d) Not later than December 1, 2020, the commission shall
prepare and submit to the governor, the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the legislature having primary jurisdiction over
health and human services a written report that summarizes the
commission's findings under Subsection (b) and recommendations for
legislative or other action.
(e) This section expires September 1, 2021.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Sections 33.035 and 33.036, Human Resources Code, as added by this
Act.
SECTION 3. 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 4. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1834 passed the Senate on
April 25, 2019, by the following vote: Yeas 26, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1834 passed the House on
May 21, 2019, by the following vote: Yeas 88, Nays 53,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor