1-1 By: Ellis, Zaffirini S.B. No. 938
1-2 (In the Senate - Filed March 4, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 11, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 11, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 938 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to expanded hours of operation under the Special
1-11 Supplemental Nutrition Program for Women, Infants and Children
1-12 (WIC).
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 32.021, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 32.021. Requirements Regarding the Women, Infants and
1-17 Children Program. (a) An [The department shall require that any]
1-18 agency, [clinic,] organization, or other entity that contracts with
1-19 the Special Supplemental Nutrition [Food] Program for Women,
1-20 Infants and Children shall each month provide the clinical and
1-21 nutritional services supported by that program during extended
1-22 hours, as defined by the department [the evening hours or on
1-23 Saturdays as provided by Subsection (b)].
1-24 (b) Each agency, organization, or other entity that
1-25 contracts with the program to provide clinical or nutritional
1-26 services shall include in its annual plan submitted to the
1-27 department a plan to expand client access to services through
1-28 extended hours, the schedule for each site that provides services,
1-29 and the reasons for each site's schedule. An agency, organization,
1-30 or other entity that contracts with the program is not required to
1-31 offer extended hours at each of its service sites. [If the entity
1-32 described in Subsection (a) operates:]
1-33 [(1) 32 or more hours each week, then the clinic shall
1-34 be open at least one weekday evening for a minimum of two hours in
1-35 excess of normal working hours or on Saturdays for a minimum of
1-36 three hours;]
1-37 [(2) only selected hours within a week during two or
1-38 more days a month, then for each month the clinic shall be open at
1-39 least one weekday evening for a minimum of two hours in excess of
1-40 normal working hours or on a Saturday for a minimum of three hours;
1-41 or]
1-42 [(3) only on one day a month or less frequently, then
1-43 in one month out of every three the clinic shall be open at least
1-44 one weekday evening for a minimum of two hours in excess of normal
1-45 working hours or on a Saturday for a minimum of three hours.]
1-46 (c) The department[, in administering the Supplemental Food
1-47 Program for Women, Infants and Children,] shall adopt guidelines
1-48 for extended hours and [the granting of] waivers from the
1-49 requirement of Subsection (a).
1-50 (d) To obtain a waiver, an agency, organization, or other
1-51 entity [a clinic] shall submit a written justification to the
1-52 department explaining the extraordinary circumstances involved and
1-53 identifying the time frame needed for their resolution.
1-54 (e) The department may not grant a waiver to an agency,
1-55 organization, or other entity for a period of more than two years.
1-56 (f) If an agency, organization, or other entity required by
1-57 this section to maintain extended hours provides other maternal and
1-58 child health services, [the department shall require] that [the]
1-59 entity shall also make those services available during the extended
1-60 hours.
1-61 SECTION 2. Not later than January 1, 1998, the Texas
1-62 Department of Health shall adopt guidelines for extended hours and
1-63 waivers, as required by Section 32.021, Health and Safety Code, as
1-64 amended by this Act.
2-1 SECTION 3. This Act takes effect September 1, 1997, and
2-2 applies to the provision on or after January 1, 1998, of services
2-3 under the Special Supplemental Nutrition Program for Women, Infants
2-4 and Children. The provision before January 1, 1998, of services
2-5 under the program is governed by the law as it existed immediately
2-6 before the effective date of this Act, and that law is continued in
2-7 effect for that purpose.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *