83R3936 EES-D

By: King of Taylor H.B. No. 948

A BILL TO BE ENTITLED

AN ACT

relating to the operation and administration of the supplemental nutrition assistance program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 33, Human Resources Code, is amended by adding Sections 33.032, 33.033, 33.034, and 33.035 to read as follows:

Sec. 33.032. PILOT PROJECTS TO ENCOURAGE HEALTHY FOOD CHOICES. (a) In this section, "private or independent institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(b) The department shall develop and seek waivers or other appropriate authorization from the United States Department of Agriculture or other applicable federal agency to implement the following separate pilot projects:

(1) a five-year pilot project in which recipients of benefits under the supplemental nutrition assistance program are restricted from purchasing food of minimal nutritional value, as defined by Section 33.033; and

(2) a five-year pilot project in which recipients of benefits under the supplemental nutrition assistance program receive additional benefits at the point of sale if the recipients purchase certain healthy foods.

(c) A pilot project developed under this section may be implemented only in a municipality or county the governing body of which authorizes participation in the pilot project.

(d) Not later than the 30th day after the two-year anniversary and the four-year anniversary of the date of the commencement of each pilot project implemented under this section, the department, in collaboration with a private or independent institution of higher education, shall submit a report containing an update on the pilot project to the legislature.

(e) Not later than the 90th day after the date a pilot project implemented under this section is completed, the department, in collaboration with a private or independent institution of higher education, shall submit a report containing an evaluation of the pilot project to the legislature, including recommendations regarding the continuation or expansion of the project.

(f) The department shall make available to the United States Department of Agriculture or other applicable federal agency any report prepared under Subsection (d) or (e) and any data collected by the department in relation to the report.

Sec. 33.033. ADVERTISING BY SNAP RETAILERS. (a) In this section, "retailer" means a business approved for participation in the supplemental nutrition assistance program.

(b) The department shall:

(1) encourage a retailer to promote the purchase of healthy foods in any advertising displayed by the retailer relating to the retailer's participation in the supplemental nutrition assistance program; and

(2) discourage a retailer from displaying advertising relating to the retailer's participation in the supplemental nutrition assistance program near food of minimal nutritional value.

(c) In this section, "food of minimal nutritional value" has the meaning assigned by 7 C.F.R. Section 210.11(a)(2).

Sec. 33.034. REPORT ON EFFORTS TO ENCOURAGE HEALTHY FOOD PURCHASES. (a) Not later than December 1 of each even-numbered year, the department shall submit to the legislature a report summarizing the department's efforts to:

(1) discourage recipients of supplemental nutrition assistance benefits from purchasing food of minimal nutritional value, as defined by Section 33.033; and

(2) encourage recipients of supplemental nutrition assistance benefits to purchase healthy foods.

(b) If appropriate, the department may include a report required under Subsection (a) in another report that the department is required to submit to the legislature.

Sec. 33.035. ADJUSTMENT OF BENEFITS UPON CHILD'S REMOVAL FROM HOUSEHOLD. The executive commissioner shall adopt rules to ensure that supplemental nutrition assistance benefits provided to a household are appropriately ceased or reduced when a child is removed from the household by the Department of Family and Protective Services or in accordance with a court order.

SECTION 2. Not later than January 1, 2014, the executive commissioner of the Health and Human Services Commission shall adopt the rules required by Section 33.035, Human Resources Code, as added by this Act.

SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.