Texas 2021 - 87th Regular

Texas House Bill HB3191 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9418 KFF-D
2	2	By: Meza H.B. No. 3191
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting or limiting certain charges during a public
8	8	health disaster in connection with delivery services provided by
9	9	retailers participating in the supplemental nutrition assistance
10	10	program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
13	13	is amended by adding Section 33.007 to read as follows:
14	14	Sec. 33.007. PROHIBITION AND LIMITATION ON CERTAIN CHARGES
15	15	BY CERTAIN SNAP RETAILERS DURING PUBLIC HEALTH DISASTERS. (a) In
16	16	this section:
17	17	(1) "Designated disaster period" means a period
18	18	beginning on the effective date of a proclamation or executive
19	19	order of the governor or the president of the United States, as
20	20	applicable, declaring a disaster and ending on the date the
21	21	disaster declaration terminates or expires.
22	22	(2) "Eligible items" means items eligible for purchase
23	23	using supplemental nutrition assistance benefits.
24	24	(3) "Public health disaster area" means an area of
25	25	this state that is subject to a declaration of disaster by the
26	26	governor under Section 418.014, Government Code, or the president
27	27	of the United States, in response to an immediate threat from a
28	28	communicable disease, including a disease outbreak that is an
29	29	epidemic or pandemic.
30	30	(4) "Retailer" has the meaning assigned by Section
31	31	33.0023.
32	32	(b) This section applies only in a public health disaster
33	33	area during the designated disaster period.
34	34	(c) If a recipient of supplemental nutrition assistance
35	35	program benefits purchases eligible items from a retailer using a
36	36	home delivery service directly offered and provided by the retailer
37	37	and pays for any part of the purchase using the recipient's
38	38	electronic benefits transfer card or another method of payment
39	39	associated with the benefits program, the retailer may not:
40	40	(1) charge a fee for the home delivery service that
41	41	exceeds the amount of the local sales and use taxes imposed on the
42	42	purchase of all eligible food items, including items not purchased
43	43	using program benefits; and
44	44	(2) solicit or accept gratuity from the recipient for
45	45	the service.
46	46	(d) Subsection (c) does not:
47	47	(1) prohibit a retailer from imposing a minimum
48	48	purchase amount to use the retailer's home delivery service; or
49	49	(2) require a retailer to include items not eligible
50	50	for purchase using supplemental nutrition assistance program
51	51	benefits in a purchase made by a recipient using the retailer's home
52	52	delivery service.
53	53	(e) A retailer may not charge a recipient of supplemental
54	54	nutrition assistance program benefits who purchases eligible items
55	55	from a retailer using a curbside delivery service a fee for the
56	56	service or solicit or accept from the recipient gratuity for the
57	57	service.
58	58	(f) This section expires September 1, 2023.
59	59	SECTION 2. If before implementing any provision of this Act
60	60	a state agency determines that a waiver or authorization from a
61	61	federal agency is necessary for implementation of that provision,
62	62	the agency affected by the provision shall request the waiver or
63	63	authorization and may delay implementing that provision until the
64	64	waiver or authorization is granted.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2021.