By:  Ellis, Zaffirini                                  S.B. No. 938

                                A BILL TO BE ENTITLED

                                       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.