By:  Ellis                                             S.B. No. 714
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the provision of nutrition for women, infants,
    1-2  children, and the indigent.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 32, Health and Safety Code, is amended by
    1-5  adding Section 32.021 to read as follows:
    1-6        Sec. 32.021.  REQUIREMENTS REGARDING THE WOMEN, INFANTS AND
    1-7  CHILDREN PROGRAM.  (a)  The department shall require that any
    1-8  agency, clinic, organization, or other entity that contracts with
    1-9  the Supplemental Food Program for Women, Infants and Children
   1-10  provide the services supported by that program during the evening
   1-11  hours or on Saturdays as provided by Subsection (b).
   1-12        (b)  If the entity described in Subsection (a) operates:
   1-13              (1)  32 or more hours each week, then the clinic shall
   1-14  be open at least one weekday evening for a minimum of two hours in
   1-15  excess of normal working hours or on Saturdays for a minimum of
   1-16  three hours;
   1-17              (2)  only selected hours within a week during two or
   1-18  more days a month, then for each month the clinic shall be open at
   1-19  least one weekday evening for a minimum of two hours in excess of
   1-20  normal working hours or on a Saturday for a minimum of three hours;
   1-21  or
   1-22              (3)  only on one day a month or less frequently, then
   1-23  in one month out of every three the clinic shall be open at least
    2-1  one weekday evening for a minimum of two hours in excess of normal
    2-2  working hours or on a Saturday for a minimum of three hours.
    2-3        (c)  The department, in administering the Supplemental Food
    2-4  Program for Women, Infants and Children, shall adopt guidelines for
    2-5  the granting of waivers from the requirement of Subsection (a).
    2-6        (d)  To obtain a waiver, a clinic shall submit a written
    2-7  justification to the department explaining the extraordinary
    2-8  circumstances involved and identifying the time frame needed for
    2-9  their resolution.
   2-10        (e)  If an entity required by this section to maintain
   2-11  extended hours provides other maternal and child health services,
   2-12  the department shall require that the entity also make those
   2-13  services available during the extended hours.
   2-14        SECTION 2.  Chapter 33, Human Resources Code, is amended by
   2-15  adding Section 33.024 to read as follows:
   2-16        Sec. 33.024.  SUMMER FOOD SERVICE PROGRAM.  (a)  In this
   2-17  section:
   2-18              (1)  "Agency" means the Central Education Agency.
   2-19              (2)  "Field office" means a field office of a special
   2-20  nutrition program administered by the department.
   2-21              (3)  "Summer program" means the Summer Food Service
   2-22  Program.
   2-23        (b)  The department and the agency shall develop a plan to
   2-24  ensure that by June 15, 1997, children residing in school districts
   2-25  in which 60 percent or more children are eligible for free or
    3-1  reduced-price meals will have access to the summer program.  The
    3-2  plan shall provide a time line for implementation effective the
    3-3  summer of 1994 through June 15, 1997.  The department and the
    3-4  agency shall each designate a person on their respective
    3-5  administrative staffs who shall be charged with coordinating
    3-6  activities pursuant to this requirement.
    3-7        (c)  The agency shall provide to the department, in October
    3-8  following each school year, a listing of those school districts
    3-9  which had at least:
   3-10              (1)  90 percent of children in the district eligible
   3-11  for free or reduced-price meals during the 1992-1993 school year;
   3-12              (2)  80 percent of children in the district eligible
   3-13  for free or reduced-price meals during the 1993-1994 school year;
   3-14              (3)  70 percent of children in the district eligible
   3-15  for free or reduced-price meals during the 1994-1995 school year;
   3-16  and
   3-17              (4)  60 percent of children in the district eligible
   3-18  for free or reduced-price meals during the 1995-1996 school year
   3-19  and each school year thereafter.
   3-20        (d)  By November 30 of each year, the department and the
   3-21  agency shall jointly notify the following of their joint
   3-22  responsibility to provide or arrange for the provision of a summer
   3-23  program the following summer:
   3-24              (1)  each listed school district that does not have a
   3-25  summer program sponsor in the district; and
    4-1              (2)  nutrition program field offices.
    4-2        (e)  School district facilities shall be utilized for the
    4-3  summer program unless the cost to the district can be documented as
    4-4  exceeding the funds available for the summer program.
    4-5        (f)  Each notified school district shall respond to the
    4-6  department and the agency no later than January 31 of the following
    4-7  year and either indicate its intent to operate a summer program in
    4-8  the following summer or request a waiver of the requirement to
    4-9  operate a summer program, as provided by Subsection (g).
   4-10        (g)  A waiver under Subsection (f) may be granted by the
   4-11  department and the agency, to a school district if:
   4-12              (1)  the district demonstrates to the department and
   4-13  the agency that:
   4-14                    (A)  there are fewer than 100 children in the
   4-15  district currently eligible for free or reduced-price meals;
   4-16                    (B)  transportation remains an insurmountable
   4-17  obstacle despite consultation by the district with public transit
   4-18  providers;
   4-19                    (C)  the district is unable to operate a summer
   4-20  program due to renovation or construction within the district and
   4-21  an appropriate alternative provider or site is not available; or
   4-22                    (D)  the district is unable to operate a summer
   4-23  program due to other extenuating circumstances and an appropriate
   4-24  alternative provider or site is not available; and
   4-25              (2)  the district works with the field offices to
    5-1  identify other persons and agencies in the district who were
    5-2  contacted as potential providers or sites for the summer program.
    5-3        (h)  If the school district has requested a waiver under
    5-4  Subsection (f) and has been unable to provide a list of possible
    5-5  sponsors to the department, the field offices shall continue
    5-6  efforts to locate an alternative sponsor for the summer program.
    5-7        (i)  The department, in consultation with the agency, shall
    5-8  publish rules and procedures for obtaining a waiver under
    5-9  Subsection (f).  A waiver shall be for a one-year period.
   5-10        (j)  The department and the agency shall provide to the 74th
   5-11  Legislature and 75th Legislature biennial reports which shall
   5-12  include a listing of school districts identified as described in
   5-13  Subsection (c) which have become sponsors of a summer program.  The
   5-14  report shall also include a listing of identified school districts
   5-15  that failed to satisfy the requirements of this section.
   5-16        SECTION 3.  Chapter 33, Human Resources Code, is amended by
   5-17  adding Section 33.025 to read as follows:
   5-18        Sec. 33.025.  NUTRITION EDUCATION AND OUTREACH FOR THOSE
   5-19  ELIGIBLE FOR FOOD STAMPS.  (a)  The department shall develop and
   5-20  implement a plan of operation to provide nutrition education and
   5-21  outreach to persons eligible for food stamps.
   5-22        (b)  The plan of operation for education and outreach shall:
   5-23              (1)  ensure that low-income consumers are provided with
   5-24  informational materials that include but are not limited to
   5-25  information on:
    6-1                    (A)  food budgeting for low-income consumers;
    6-2                    (B)  purchasing and preparing low-cost
    6-3  nutritional meals;
    6-4                    (C)  basic nutrition and healthy foods;
    6-5                    (D)  the benefits of the food stamp program;
    6-6                    (E)  the availability of food stamps;
    6-7                    (F)  the eligibility requirements for food
    6-8  stamps; and
    6-9                    (G)  the application procedures for receiving
   6-10  food stamps;
   6-11              (2)  identify a target population for the informational
   6-12  activities, which may include:
   6-13                    (A)  recipients of the Supplemental Food Program
   6-14  for Women, Infants and Children;
   6-15                    (B)  families which have children who are
   6-16  eligible for the free or reduced-price meals programs;
   6-17                    (C)  recipients of commodity surplus foods;
   6-18                    (D)  senior citizens attending nutrition sites
   6-19  and participating in nutritional activities;
   6-20                    (E)  clients of emergency food pantries;
   6-21                    (F)  farm workers or migrants; and
   6-22                    (G)  others who may benefit from the information
   6-23  including but not limited to senior citizens, persons with
   6-24  disabilities, and working poor families;
   6-25              (3)  identify geographical areas, if any, which
    7-1  specifically will be targeted; and
    7-2              (4)  ensure that all informational activities are
    7-3  multilingual and available in accessible alternative formats.
    7-4        (c)  The department shall submit the plan of operation to the
    7-5  Food and Nutrition Service of the United States Department of
    7-6  Agriculture for approval, making the department eligible for
    7-7  reimbursement for 50 percent of the cost of the informational
    7-8  activities.
    7-9        (d)  The department shall cooperate with other state agencies
   7-10  that currently operate nutrition education programs.
   7-11        (e)  The department shall enlist the assistance of pro bono
   7-12  public relations firms where available.
   7-13        SECTION 4.  The Texas Department of Health, in administering
   7-14  the Supplemental Food Program for Women, Infants and Children,
   7-15  shall adopt a deadline by which the requirements of Section 32.021,
   7-16  Health and Safety Code, as added by this Act, shall be met.
   7-17        SECTION 5.  The importance of this legislation and the
   7-18  crowded condition of the calendars in both houses create an
   7-19  emergency and an imperative public necessity that the
   7-20  constitutional rule requiring bills to be read on three several
   7-21  days in each house be suspended, and this rule is hereby suspended,
   7-22  and that this Act take effect and be in force from and after its
   7-23  passage, and it is so enacted.