Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Coleman H.B. No. 2773
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expanded hours of operation under the Supplemental Food
1-3 Program for Women, Infants and Children (WIC).
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.021, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 32.021. Requirements Regarding the Women, Infants and
1-8 Children Program. (a) An [The department shall require that any]
1-9 agency, [clinic,] organization, or other entity that contracts with
1-10 the department to provide services as part of the Supplemental
1-11 Nutrition [Food] Program for Women, Infants and Children shall
1-12 provide at least 20 percent of these [the] services outside of the
1-13 traditional work day, [supported by that program during the evening
1-14 hours or on Saturdays] as defined [provided] by Subsection (b),
1-15 with emphasis on Saturday service.
1-16 (b) The traditional work day as used in this Section means
1-17 8a.m. to 5 p.m., Monday through Friday. [If the entity described
1-18 in Subsection (a) operates:]
1-19 [(1) 32 or more hours each week, then the clinic shall
1-20 be open at least one weekday evening for a minimum of two hours in
1-21 excess of normal working hours or on Saturdays for a minimum of
1-22 three hours;]
1-23 [(2) only selected hours within a week during two or
1-24 more days a month, then for each month the clinic shall be open at
2-1 least one weekday evening for a minimum of two hours in excess of
2-2 normal working hours or on a Saturday for a minimum of three hours;
2-3 or]
2-4 [(3) only on one day a month or less frequently, then
2-5 in one month out of every three the clinic shall be open at least
2-6 one weekday evening for a minimum of two hours in excess of normal
2-7 working hours or on a Saturday for a minimum of three hours.]
2-8 (c) Each local agency must include in its annual plan to the
2-9 department, information on how it intends to meet the requirement
2-10 established in Subsection (a) above, and detail which clinics will
2-11 and will not provide service outside of the traditional work day,
2-12 with emphasis on Saturday service.
2-13 (d) In administering this program, the department is
2-14 authorized to provide waivers to the requirement established in
2-15 Subsection (a) for local agencies encountering extraordinary
2-16 circumstances.
2-17 (e)[(c)] The department[, in administering the Supplemental
2-18 Food Program for Women, Infants and Children,] shall adopt
2-19 guidelines for local agencies to request and for the department to
2-20 approve [the granting of] waivers from the requirement of
2-21 Subsection (a).
2-22 (f)[(d)] To obtain a waiver, an agency [a clinic] shall
2-23 submit a written justification to the department explaining the
2-24 extraordinary circumstances involved and identifying potential
2-25 solutions [the time frame needed] for their resolution.
2-26 (g)[(c)] An agency may be granted a waiver for no more than
2-27 two years. [If an entity required by this section to maintain
2-28 extended hours.]
2-29 SECTION 2. This Act takes effect September 1, 1997, and
2-30 applies to the provision on or after January 1, 1998, of services
3-1 under the Supplemental Food Program for Women, Infants and
3-2 Children. The provision before January 1, 1998, of services under
3-3 the program is governed by the law as it existed immediately before
3-4 the effective date of this Act, and that law is continued in effect
3-5 for that purpose.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.