By Ellis, et al.                                 S.B. No. 938

      75R5742 SAW-D                           

                                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 Supplemental Food Program for Women, Infants and Children shall

1-11     each month provide the services supported by that program during

1-12     extended hours, as defined by the department [the evening hours or

1-13     on Saturdays as provided by Subsection (b)].

1-14           (b)  Each agency, organization, or other entity that

1-15     contracts with the program shall include in its plan submitted to

1-16     the department a plan to expand client access to services through

1-17     extended hours, the schedule for each site that provides services,

1-18     and the reasons for each site's schedule.  An agency, organization,

1-19     or other entity that contracts with the program is not required to

1-20     offer extended hours at each of its service sites. [If the entity

1-21     described in Subsection (a) operates:]

1-22                 [(1)  32 or more hours each week, then the clinic shall

1-23     be open at least one weekday evening for a minimum of two hours in

1-24     excess of normal working hours or on Saturdays for a minimum of

 2-1     three hours;]

 2-2                 [(2)  only selected hours within a week during two or

 2-3     more days a month, then for each month the clinic shall be open at

 2-4     least one weekday evening for a minimum of two hours in excess of

 2-5     normal working hours or on a Saturday for a minimum of three hours;

 2-6     or]

 2-7                 [(3)  only on one day a month or less frequently, then

 2-8     in one month out of every three the clinic shall be open at least

 2-9     one weekday evening for a minimum of two hours in excess of normal

2-10     working hours or on a Saturday for a minimum of three hours.]

2-11           (c)  The department[, in administering the Supplemental Food

2-12     Program for Women, Infants and Children,] shall adopt guidelines

2-13     for extended hours and the [granting of] waivers from the

2-14     requirement of Subsection (a).

2-15           (d)  To obtain a waiver, an agency, organization, or other

2-16     entity [a clinic] shall submit a written justification to the

2-17     department  explaining the extraordinary circumstances involved and

2-18     identifying the time frame needed for their resolution.

2-19           (e)  The department may not grant a waiver to an agency,

2-20     organization, or other entity for a period of more than two years.

2-21           (f)  If an agency, organization, or other entity required by

2-22     this section to maintain extended hours provides other maternal and

2-23     child health services, [the department shall require] that [the]

2-24     entity shall also make those services available during the extended

2-25     hours.

2-26           SECTION 2.  Not later than January 1, 1998, the Texas

2-27     Department of Health shall adopt guidelines for extended hours and

 3-1     waivers, as required by Section 32.021, Health and Safety Code, as

 3-2     amended by this Act.

 3-3           SECTION 3.  This Act takes effect September 1, 1997, and

 3-4     applies to the provision on or after January 1, 1998, of services

 3-5     under the Supplemental Food Program for Women, Infants and

 3-6     Children.   The provision before January 1, 1998, of services under

 3-7     the program is governed by the law as it existed immediately before

 3-8     the effective date of this Act, and that law is continued in effect

 3-9     for that purpose.

3-10           SECTION 4.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.