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A BILL TO BE ENTITLED
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AN ACT
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relating to vendor requirements under the Special Supplemental |
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Nutrition Program for Women, Infants, and Children (WIC). |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.089 to read as follows: |
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Sec. 1001.089. VENDOR REQUIREMENTS FOR WOMEN, INFANTS, AND |
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CHILDREN PROGRAM. (a) In this section: |
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(1) "Predominantly WIC program vendor" means an |
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individual store that: |
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(A) operates and transacts approved WIC program |
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food items at a fixed location; and |
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(B) has or is expected to have sales of approved |
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WIC program food items to WIC program benefits recipients that |
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exceed 50 percent of the store's total sales of food items eligible |
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for purchase under the supplemental nutrition assistance program |
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under Chapter 33, Human Resources Code. |
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(2) "WIC program" means the federal special |
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supplemental nutrition program for women, infants, and children |
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authorized by 42 U.S.C. Section 1786. |
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(b) If federal funding for the WIC program is accepted by |
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the state, the state shall include as authorized vendors |
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predominantly WIC program vendors that meet all other vendor |
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requirements established by federal and state WIC program laws and |
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regulations. |
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(c) The state may not impose requirements for a |
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predominantly WIC program vendor in a vendor agreement for the WIC |
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program that are outside the scope of the program, including |
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requirements relating to: |
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(1) vendor hours of operation; |
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(2) inventory stocking of food items other than |
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approved WIC program food items; or |
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(3) restrictions on opening, closing, or relocating a |
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store. |
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(d) If a change in ownership of a predominantly WIC program |
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vendor occurs, the new owner, in applying for a new vendor |
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agreement, is subject to the same vendor requirements as |
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predominantly WIC program vendors with existing vendor agreements. |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |