AN ACT
1-1 relating to expanded hours of operation under the Special
1-2 Supplemental Nutrition Program for Women, Infants and Children
1-3 (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 Special Supplemental Nutrition [Food] Program for Women,
1-11 Infants and Children shall each month provide the clinical and
1-12 nutritional services supported by that program during extended
1-13 hours, as defined by the department [the evening hours or on
1-14 Saturdays as provided by Subsection (b)].
1-15 (b) Each agency, organization, or other entity that
1-16 contracts with the program to provide clinical or nutritional
1-17 services shall include in its annual plan submitted to the
1-18 department a plan to expand client access to services through
1-19 extended hours, the schedule for each site that provides services,
1-20 and the reasons for each site's schedule. An agency, organization,
1-21 or other entity that contracts with the program is not required to
1-22 offer extended hours at each of its service sites. [If the entity
1-23 described in Subsection (a) operates:]
2-1 [(1) 32 or more hours each week, then the clinic shall
2-2 be open at least one weekday evening for a minimum of two hours in
2-3 excess of normal working hours or on Saturdays for a minimum of
2-4 three hours;]
2-5 [(2) only selected hours within a week during two or
2-6 more days a month, then for each month the clinic shall be open at
2-7 least one weekday evening for a minimum of two hours in excess of
2-8 normal working hours or on a Saturday for a minimum of three hours;
2-9 or]
2-10 [(3) only on one day a month or less frequently, then
2-11 in one month out of every three the clinic shall be open at least
2-12 one weekday evening for a minimum of two hours in excess of normal
2-13 working hours or on a Saturday for a minimum of three hours.]
2-14 (c) The department[, in administering the Supplemental Food
2-15 Program for Women, Infants and Children,] shall adopt guidelines
2-16 for extended hours and [the granting of] waivers from the
2-17 requirement of Subsection (a).
2-18 (d) To obtain a waiver, an agency, organization, or other
2-19 entity [a clinic] shall submit a written justification to the
2-20 department explaining the extraordinary circumstances involved and
2-21 identifying the time frame needed for their resolution.
2-22 (e) The department may not grant a waiver to an agency,
2-23 organization, or other entity for a period of more than two years.
2-24 (f) If an agency, organization, or other entity required by
2-25 this section to maintain extended hours provides other maternal and
3-1 child health services, [the department shall require] that [the]
3-2 entity shall also make those services available during the extended
3-3 hours.
3-4 SECTION 2. Not later than January 1, 1998, the Texas
3-5 Department of Health shall adopt guidelines for extended hours and
3-6 waivers, as required by Section 32.021, Health and Safety Code, as
3-7 amended by this Act.
3-8 SECTION 3. This Act takes effect September 1, 1997, and
3-9 applies to the provision on or after January 1, 1998, of services
3-10 under the Special Supplemental Nutrition Program for Women, Infants
3-11 and Children. The provision before January 1, 1998, of services
3-12 under the program is governed by the law as it existed immediately
3-13 before the effective date of this Act, and that law is continued in
3-14 effect for that purpose.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 938 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 938 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor