Bill Text: TX HB3541 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to a study and pilot program regarding the use of incentives to purchase certain fruits or vegetables under the supplemental nutrition assistance program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-30 - Committee report sent to Calendars [HB3541 Detail]
Download: Texas-2019-HB3541-Comm_Sub.html
86R27787 JG-D | |||
By: Rose | H.B. No. 3541 | ||
Substitute the following for H.B. No. 3541: | |||
By: Deshotel | C.S.H.B. No. 3541 |
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relating to a study and pilot program regarding the use of | ||
incentives to purchase certain fruits or vegetables under 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 33.035 and 33.036 to read as follows: | ||
Sec. 33.035. PILOT PROGRAM TO INCENTIVIZE PURCHASE OF | ||
TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In this section: | ||
(1) "Eligible fruits or vegetables" means any variety | ||
of fresh, canned, dried, or frozen whole or cut fruits or | ||
vegetables: | ||
(A) with no added sugars, fats, oils, or salt; | ||
and | ||
(B) that are produced or harvested in this state. | ||
(2) "Incentive" means a financial benefit provided to | ||
a recipient of supplemental nutrition assistance program benefits | ||
that encourages the recipient to purchase eligible fruits or | ||
vegetables. | ||
(3) "Pilot program" means the pilot program described | ||
by Subsection (b). | ||
(4) "Retailer" has the meaning assigned by Section | ||
33.0023. | ||
(b) The commission, in consultation with the work group | ||
established under Subsection (c), may establish a pilot program in | ||
one or more geographic areas of this state through which: | ||
(1) a recipient of supplemental nutrition assistance | ||
program benefits is able to receive an incentive when purchasing | ||
eligible fruits or vegetables from a retailer that may be used | ||
toward a subsequent purchase of eligible fruits or vegetables; and | ||
(2) a retailer is authorized to publicize the | ||
incentive to recipients of supplemental nutrition assistance | ||
program benefits. | ||
(c) The commission shall establish a work group to assist | ||
the commission with the study described by Section 33.036 and, as | ||
applicable, provide input for the establishment of the pilot | ||
program. The work group must be composed of relevant stakeholders | ||
from rural and urban areas throughout this state who have expertise | ||
in providing incentives under the supplemental nutrition | ||
assistance program. At least one member of the work group must have | ||
direct marketing representative experience in operating a | ||
comparable program. | ||
(d) The executive commissioner shall appoint one member of | ||
the work group to serve as presiding officer. | ||
(e) The work group is not subject to Chapter 2110, | ||
Government Code. | ||
(f) A member of the work group may not receive compensation | ||
for serving on the work group and may not be reimbursed for travel | ||
or other expenses incurred while conducting the business of the | ||
work group. | ||
(g) If the commission establishes the pilot program under | ||
this section, the commission may contract with an entity that has | ||
appropriate experience and expertise in administering comparable | ||
programs to administer the pilot program. | ||
(h) The commission may solicit and accept gifts, grants, and | ||
donations from any source to establish and administer the pilot | ||
program or to perform any other duty under this section. | ||
(i) If the commission establishes the pilot program under | ||
this section, the commission, with assistance from the work group, | ||
shall: | ||
(1) develop and the executive commissioner shall | ||
submit any necessary applications to obtain a federal waiver to | ||
operate the pilot program; and | ||
(2) apply for any available federal money to operate | ||
the program, including federal nutrition incentives available | ||
under Section 4205, Agriculture Improvement Act of 2018 (7 U.S.C. | ||
Section 7517). | ||
(j) The commission may delay the operation of the pilot | ||
program, as applicable, until the commission receives federal money | ||
to operate the program or until money is appropriated or donated to | ||
the commission to operate the program. | ||
Sec. 33.036. STUDY ON EXISTING PROGRAMS THAT INCENTIVIZE | ||
PURCHASE OF TEXAS-GROWN FRUITS OR VEGETABLES UNDER SNAP. (a) In | ||
this section, "eligible fruits or vegetables" and "incentive" have | ||
the meanings assigned by Section 33.035. | ||
(b) The commission, in consultation with the work group | ||
established under Section 33.035, shall conduct a study on programs | ||
in this state that provide incentives for the purchase of eligible | ||
fruits or vegetables under the supplemental nutrition assistance | ||
program. The study must include: | ||
(1) an inventory of existing programs that provide | ||
incentives for the purchase of eligible fruits or vegetables under | ||
the supplemental nutrition assistance program, including details | ||
on how the programs are funded; | ||
(2) recommendations on increasing the number and | ||
availability of programs in this state that provide incentives for | ||
the purchase of eligible fruits or vegetables under the | ||
supplemental nutrition assistance program; and | ||
(3) an analysis of: | ||
(A) strategies to encourage the purchase of | ||
eligible fruits or vegetables using supplemental nutrition | ||
assistance program benefits; | ||
(B) the potential impact of programs in this | ||
state that provide incentives for the purchase of eligible fruits | ||
or vegetables on the specialty crop industry in this state; and | ||
(C) federal programs and money available to | ||
encourage the purchase of eligible fruits or vegetables using | ||
supplemental nutrition assistance program benefits, including the | ||
Food Insecurity Nutrition Incentive (FINI) Grant Program operated | ||
by the United States Department of Agriculture. | ||
(c) The commission may solicit and accept gifts, grants, and | ||
donations from any source to conduct the study. | ||
(d) Not later than December 1, 2020, the commission shall | ||
prepare and submit to the governor, the lieutenant governor, the | ||
speaker of the house of representatives, and each standing | ||
committee of the legislature having primary jurisdiction over | ||
health and human services a written report that summarizes the | ||
commission's findings under Subsection (b) and recommendations for | ||
legislative or other action. | ||
(e) This section expires September 1, 2021. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Sections 33.035 and 33.036, 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, 2019. |