89R1822 JG-F
 
  By: Lopez of Bexar H.B. No. 434
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a reimbursement program to reimburse certain
  supplemental nutrition assistance program recipients for the cost
  of certain food delivery service fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 33, Human Resources Code,
  is amended by adding Section 33.033 to read as follows:
         Sec. 33.033.  FOOD DELIVERY FEE REIMBURSEMENT PROGRAM FOR
  CERTAIN ELIGIBLE SNAP RECIPIENTS. (a) In this section, "eligible
  recipient" means a recipient of supplemental nutrition assistance
  program benefits who:
               (1)  is 65 years of age or older; or
               (2)  has a disability, as defined by the Americans with
  Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
         (b)  From appropriated money available for that purpose, the
  commission shall develop and implement a reimbursement program
  under which an eligible recipient may obtain financial assistance
  in the form of reimbursement to cover the cost of delivery service
  fees incurred by the recipient in connection with the purchase of
  eligible food items under the supplemental nutrition assistance
  program. In implementing the reimbursement program, the commission
  shall:
               (1)  prescribe the form and manner for an eligible
  recipient to request reimbursement, which may require the recipient
  to submit an application online, by mail, or in person; and
               (2)  ensure that supplemental nutrition assistance
  program benefits are not used to reimburse the cost of delivery
  service fees under this section.
         (c)  The executive commissioner shall adopt rules necessary
  to implement this section, including rules that:
               (1)  establish a reimbursement methodology for
  determining the reimbursement amount that an eligible recipient may
  receive to cover the cost of a delivery service fee assessed in
  connection with the purchase of eligible food items, which may
  include limits on:
                     (A)  the total reimbursement amount that an
  eligible recipient may receive to cover the cost of the delivery
  service fee; and
                     (B)  the total number of purchases for which an
  eligible recipient may receive reimbursement over a period of time
  the commission specifies; and
               (2)  restrict an eligible recipient from obtaining
  reimbursement to cover the cost of delivery of a purchase that
  includes items that are not eligible for purchase using
  supplemental nutrition assistance benefits.
         SECTION 2.  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 3.  This Act takes effect September 1, 2025.