87R9418 KFF-D
By: Meza H.B. No. 3191
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting or limiting certain charges during a public
health disaster in connection with delivery services provided by
retailers participating in 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 Section 33.007 to read as follows:
Sec. 33.007. PROHIBITION AND LIMITATION ON CERTAIN CHARGES
BY CERTAIN SNAP RETAILERS DURING PUBLIC HEALTH DISASTERS. (a) In
this section:
(1) "Designated disaster period" means a period
beginning on the effective date of a proclamation or executive
order of the governor or the president of the United States, as
applicable, declaring a disaster and ending on the date the
disaster declaration terminates or expires.
(2) "Eligible items" means items eligible for purchase
using supplemental nutrition assistance benefits.
(3) "Public health disaster area" means an area of
this state that is subject to a declaration of disaster by the
governor under Section 418.014, Government Code, or the president
of the United States, in response to an immediate threat from a
communicable disease, including a disease outbreak that is an
epidemic or pandemic.
(4) "Retailer" has the meaning assigned by Section
33.0023.
(b) This section applies only in a public health disaster
area during the designated disaster period.
(c) If a recipient of supplemental nutrition assistance
program benefits purchases eligible items from a retailer using a
home delivery service directly offered and provided by the retailer
and pays for any part of the purchase using the recipient's
electronic benefits transfer card or another method of payment
associated with the benefits program, the retailer may not:
(1) charge a fee for the home delivery service that
exceeds the amount of the local sales and use taxes imposed on the
purchase of all eligible food items, including items not purchased
using program benefits; and
(2) solicit or accept gratuity from the recipient for
the service.
(d) Subsection (c) does not:
(1) prohibit a retailer from imposing a minimum
purchase amount to use the retailer's home delivery service; or
(2) require a retailer to include items not eligible
for purchase using supplemental nutrition assistance program
benefits in a purchase made by a recipient using the retailer's home
delivery service.
(e) A retailer may not charge a recipient of supplemental
nutrition assistance program benefits who purchases eligible items
from a retailer using a curbside delivery service a fee for the
service or solicit or accept from the recipient gratuity for the
service.
(f) This section expires September 1, 2023.
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 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, 2021.