By Vowell, et al. H.B. No. 2559
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of nutrition for women, infants,
1-3 children, and the indigent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 32, Health and Safety Code, is amended by
1-6 adding Section 32.021 to read as follows:
1-7 Sec. 32.021. REQUIREMENTS REGARDING THE WOMEN, INFANTS AND
1-8 CHILDREN PROGRAM. (a) The department shall require that any
1-9 agency, clinic, organization, or other entity that contracts with
1-10 the Supplemental Food Program for Women, Infants and Children
1-11 provide the services supported by that program during the evening
1-12 hours or on Saturdays as provided by Subsection (b).
1-13 (b) If the entity described in Subsection (a) operates:
1-14 (1) 32 or more hours each week, then the clinic shall
1-15 be open at least one weekday evening for a minimum of two hours in
1-16 excess of normal working hours or on Saturdays for a minimum of
1-17 three hours;
1-18 (2) only selected hours within a week during two or
1-19 more days a month, then for each month the clinic shall be open at
1-20 least one weekday evening for a minimum of two hours in excess of
1-21 normal working hours or on a Saturday for a minimum of three hours;
1-22 or
1-23 (3) only on one day a month or less frequently, then
2-1 in one month out of every three the clinic shall be open at least
2-2 one weekday evening for a minimum of two hours in excess of normal
2-3 working hours or on a Saturday for a minimum of three hours.
2-4 (c) The department, in administering the Supplemental Food
2-5 Program for Women, Infants and Children, shall adopt guidelines for
2-6 the granting of waivers from the requirement of Subsection (a).
2-7 (d) To obtain a waiver, a clinic shall submit a written
2-8 justification to the department explaining the extraordinary
2-9 circumstances involved and identifying the time frame needed for
2-10 their resolution.
2-11 (e) If an entity required by this section to maintain
2-12 extended hours provides other maternal and child health services,
2-13 the department shall require that the entity also make those
2-14 services available during the extended hours.
2-15 SECTION 2. Chapter 33, Human Resources Code, is amended by
2-16 adding Section 33.024 to read as follows:
2-17 Sec. 33.024. SUMMER FOOD SERVICE PROGRAM. (a) In this
2-18 section:
2-19 (1) "Agency" means the Central Education Agency.
2-20 (2) "Field office" means a field office of a special
2-21 nutrition program administered by the department.
2-22 (3) "Summer program" means the Summer Food Service
2-23 Program.
2-24 (b) The department and the agency shall develop a plan to
2-25 ensure that by June 15, 1997, children residing in school districts
3-1 in which 60 percent or more children are eligible for free or
3-2 reduced-price meals will have access to the summer program. The
3-3 plan shall provide a time line for implementation effective the
3-4 summer of 1994 through June 15, 1997. The department and the
3-5 agency shall each designate a person on their respective
3-6 administrative staffs who shall be charged with coordinating
3-7 activities pursuant to this requirement.
3-8 (c) The agency shall provide to the department, in October
3-9 following each school year, a listing of those school districts
3-10 which had at least:
3-11 (1) 90 percent of children in the district eligible
3-12 for free or reduced-price meals during the 1992-1993 school year;
3-13 (2) 80 percent of children in the district eligible
3-14 for free or reduced-price meals during the 1993-1994 school year;
3-15 (3) 70 percent of children in the district eligible
3-16 for free or reduced-price meals during the 1994-1995 school year;
3-17 and
3-18 (4) 60 percent of children in the district eligible
3-19 for free or reduced-price meals during the 1995-1996 school year
3-20 and each school year thereafter.
3-21 (d) By November 30 of each year, the department and the
3-22 agency shall jointly notify the following of their joint
3-23 responsibility to provide or arrange for the provision of a summer
3-24 program the following summer:
3-25 (1) each listed school district that does not have a
4-1 summer program sponsor in the district; and
4-2 (2) nutrition program field offices.
4-3 (e) School district facilities shall be utilized for the
4-4 summer program unless the cost to the district can be documented as
4-5 exceeding the funds available for the summer program.
4-6 (f) Each notified school district shall respond to the
4-7 department and the agency no later than January 31 of the following
4-8 year and either indicate its intent to operate a summer program in
4-9 the following summer or request a waiver of the requirement to
4-10 operate a summer program, as provided by Subsection (g).
4-11 (g) A waiver under Subsection (f) may be granted by the
4-12 department and the agency, to a school district if:
4-13 (1) the district demonstrates to the department and
4-14 the agency that:
4-15 (A) there are fewer than 100 children in the
4-16 district currently eligible for free or reduced-price meals;
4-17 (B) transportation remains an insurmountable
4-18 obstacle despite consultation by the district with public transit
4-19 providers;
4-20 (C) the district is unable to operate a summer
4-21 program due to renovation or construction within the district and
4-22 an appropriate alternative provider or site is not available; or
4-23 (D) the district is unable to operate a summer
4-24 program due to other extenuating circumstances and an appropriate
4-25 alternative provider or site is not available; and
5-1 (2) the district works with the field offices to
5-2 identify other persons and agencies in the district who were
5-3 contacted as potential providers or sites for the summer program.
5-4 (h) If the school district has requested a waiver under
5-5 Subsection (f) and has been unable to provide a list of possible
5-6 sponsors to the department, the field offices shall continue
5-7 efforts to locate an alternative sponsor for the summer program.
5-8 (i) The department, in consultation with the agency, shall
5-9 publish rules and procedures for obtaining a waiver under
5-10 Subsection (f). A waiver shall be for a one-year period.
5-11 (j) The department and the agency shall provide to the 74th
5-12 Legislature and 75th Legislature biennial reports which shall
5-13 include a listing of school districts identified as described in
5-14 Subsection (c) which have become sponsors of a summer program. The
5-15 report shall also include a listing of identified school districts
5-16 that failed to satisfy the requirements of this section.
5-17 SECTION 3. Chapter 33, Human Resources Code, is amended by
5-18 adding Section 33.025 to read as follows:
5-19 Sec. 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE
5-20 ELIGIBLE FOR FOOD STAMPS. (a) The department shall develop and
5-21 implement a plan of operation to provide nutrition education and
5-22 outreach to persons eligible for food stamps.
5-23 (b) The plan of operation for education and outreach shall:
5-24 (1) ensure that low-income consumers are provided with
5-25 informational materials that include but are not limited to
6-1 information on:
6-2 (A) food budgeting for low-income consumers;
6-3 (B) purchasing and preparing low-cost
6-4 nutritional meals;
6-5 (C) basic nutrition and healthy foods;
6-6 (D) the benefits of the food stamp program;
6-7 (E) the availability of food stamps;
6-8 (F) the eligibility requirements for food
6-9 stamps; and
6-10 (G) the application procedures for receiving
6-11 food stamps;
6-12 (2) identify a target population for the informational
6-13 activities, which may include:
6-14 (A) recipients of the Supplemental Food Program
6-15 for Women, Infants and Children;
6-16 (B) families which have children who are
6-17 eligible for the free or reduced-price meals programs;
6-18 (C) recipients of commodity surplus foods;
6-19 (D) senior citizens attending nutrition sites
6-20 and participating in nutritional activities;
6-21 (E) clients of emergency food pantries;
6-22 (F) farm workers or migrants; and
6-23 (G) others who may benefit from the information
6-24 including but not limited to senior citizens, persons with
6-25 disabilities, and working poor families;
7-1 (3) identify geographical areas, if any, which
7-2 specifically will be targeted; and
7-3 (4) ensure that all informational activities are
7-4 multilingual and available in accessible alternative formats.
7-5 (c) The department shall submit the plan of operation to the
7-6 Food and Nutrition Service of the United States Department of
7-7 Agriculture for approval, making the department eligible for
7-8 reimbursement for 50 percent of the cost of the informational
7-9 activities.
7-10 (d) The department shall cooperate with other state agencies
7-11 that currently operate nutrition education programs.
7-12 (e) The department shall enlist the assistance of pro bono
7-13 public relations firms where available.
7-14 SECTION 4. The Texas Department of Health, in administering
7-15 the Supplemental Food Program for Women, Infants and Children,
7-16 shall adopt a deadline by which the requirements of Section 32.021,
7-17 Health and Safety Code, as added by this Act, shall be met.
7-18 SECTION 5. The importance of this legislation and the
7-19 crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended,
7-23 and that this Act take effect and be in force from and after its
7-24 passage, and it is so enacted.
7-25 COMMITTEE AMENDMENT NO. 1
8-1 Amend H.B. 2559 as follows:
8-2 On page 4, lines 4-5, in subsection (e) after the word
8-3 "unless", strike the rest of the sentence and insert the following:
8-4 (1) the district provides documentation, verified by the
8-5 department and the agency, showing that the cost to the district
8-6 exceeds the funds available for the summer program, or
8-7 (2) the Department of Human Services verifies that the
8-8 program will operate at adequate alternative facilities.
8-9 Maxey
8-10 COMMITTEE AMENDMENT NO. 2
8-11 Amend H.B. 2559 as follows:
8-12 On page 7, insert a new section 5 to read as follows:
8-13 SECTION 5. Agencies are not required to carry out the duties
8-14 relating to this Act except to the extent that funds for those
8-15 purposes are appropriated to the agency or are otherwise available.
8-16 Renumber the subsequent sections of the bill as necessary.
8-17 Hilderbran