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.

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