89R1822 JG-F
By: Menéndez S.B. No. 770
A BILL TO BE ENTITLED
AN ACT
relating to creating a reimbursement program to reimburse certain
supplemental nutrition assistance program recipients for the cost
of certain food delivery service fees.
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 33.033 to read as follows:
Sec. 33.033. FOOD DELIVERY FEE REIMBURSEMENT PROGRAM FOR
CERTAIN ELIGIBLE SNAP RECIPIENTS. (a) In this section, "eligible
recipient" means a recipient of supplemental nutrition assistance
program benefits who:
(1) is 65 years of age or older; or
(2) has a disability, as defined by the Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
(b) From appropriated money available for that purpose, the
commission shall develop and implement a reimbursement program
under which an eligible recipient may obtain financial assistance
in the form of reimbursement to cover the cost of delivery service
fees incurred by the recipient in connection with the purchase of
eligible food items under the supplemental nutrition assistance
program. In implementing the reimbursement program, the commission
shall:
(1) prescribe the form and manner for an eligible
recipient to request reimbursement, which may require the recipient
to submit an application online, by mail, or in person; and
(2) ensure that supplemental nutrition assistance
program benefits are not used to reimburse the cost of delivery
service fees under this section.
(c) The executive commissioner shall adopt rules necessary
to implement this section, including rules that:
(1) establish a reimbursement methodology for
determining the reimbursement amount that an eligible recipient may
receive to cover the cost of a delivery service fee assessed in
connection with the purchase of eligible food items, which may
include limits on:
(A) the total reimbursement amount that an
eligible recipient may receive to cover the cost of the delivery
service fee; and
(B) the total number of purchases for which an
eligible recipient may receive reimbursement over a period of time
the commission specifies; and
(2) restrict an eligible recipient from obtaining
reimbursement to cover the cost of delivery of a purchase that
includes items that are not eligible for purchase using
supplemental nutrition assistance benefits.
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, 2025.