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A BILL TO BE ENTITLED
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AN ACT
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relating to advertising by retailers participating in the |
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supplemental nutrition assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.038 to read as follows: |
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Sec. 33.038. ADVERTISING BY SNAP RETAILERS. (a) In this |
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section, "retailer" means a business approved for participation in |
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the supplemental nutrition assistance program. |
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(b) A retailer may not affix a tag or sticker to or display a |
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sign near food or drink items with minimal nutritional value that: |
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(1) advertises the retailer's participation in the |
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supplemental nutrition assistance program; or |
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(2) encourages recipients of supplemental nutrition |
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assistance benefits to purchase those food or drink items. |
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(c) The executive commissioner by rule shall define |
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"minimal nutritional value" for purposes of this section. |
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SECTION 2. Not later than January 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 33.038, Human Resources Code, |
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as added by this Act. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |