85R11094 LED-D By: Raymond H.B. No. 3204 A BILL TO BE ENTITLED AN ACT relating to vendor requirements under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 1001, Health and Safety Code, is amended by adding Section 1001.089 to read as follows: Sec. 1001.089. VENDOR REQUIREMENTS FOR WOMEN, INFANTS, AND CHILDREN PROGRAM. (a) In this section: (1) "Predominantly WIC program vendor" means an individual store that: (A) operates and transacts approved WIC program food items at a fixed location; and (B) has or is expected to have sales of approved WIC program food items to WIC program benefits recipients that exceed 50 percent of the store's total food sales. (2) "WIC program" means the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786. (b) If federal funding for the WIC program is accepted by the state, the state shall include as authorized vendors predominantly WIC program vendors that meet all other vendor requirements established by federal and state WIC program laws and regulations. (c) The state may not impose requirements in a vendor agreement for the WIC program that are outside the scope of the program, including requirements relating to: (1) vendor hours of operation; (2) inventory stocking of food items other than approved WIC program food items; (3) restrictions on opening, closing, or relocating a store; or (4) restrictions on the sale of a private business. 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, 2017.