Texas 2011 82nd Regular

Texas House Bill HB3451 Introduced / Bill

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                    82R7451 EES-D
 By: King of Taylor H.B. No. 3451


 A BILL TO BE ENTITLED
 AN ACT
 relating to allowable food purchases under the supplemental
 nutrition assistance program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  FINDINGS AND DECLARATION OF POLICY. The
 legislature finds that:
 (1)  Texans are committed to ensuring the health of
 families and children and understand the importance of the role
 preventive health care measures have on population health and the
 state economy;
 (2)  consuming healthy foods such as fruits,
 vegetables, whole grains, fat-free and low-fat dairy products, and
 seafood, and consuming fewer foods with sodium, saturated and trans
 fats, added sugars, and refined grains, are important preventive
 health care measures; and
 (3)  tax dollars intended to support a family's access
 to an adequate and nutritional diet should not be diverted to
 subsidize the purchase of items of minimal nutritional value.
 SECTION 2.  WAIVER OR OTHER AUTHORIZATION TO ALIGN ALLOWABLE
 FOOD ITEMS UNDER CERTAIN PROGRAMS. (a)  The executive commissioner
 of the Health and Human Services Commission, the Department of
 State Health Services, and the Texas Department of Agriculture
 shall develop and seek a waiver or other appropriate authorization
 from the United States secretary of agriculture under Section 17,
 Food and Nutrition Act of 2008 (7 U.S.C. Section 2026), to restrict
 the purchase of food items with minimal nutritional value under the
 supplemental nutrition assistance program provided under Chapter
 33, Human Resources Code, by amending the list of allowable food
 items under the program to better align that list with the allowable
 food purchases under the Special Supplemental Nutrition Program for
 Women, Infants and Children established under 42 U.S.C. Section
 1786 and the national free or reduced-price lunch program
 established under 42 U.S.C. Section 1751 et seq.
 (b)  As soon as practicable after the effective date of this
 Act, the agencies described by Subsection (a) of this section shall
 apply for and actively pursue the waiver or other authorization as
 required by that subsection.
 SECTION 3.  EFFECTIVE DATE. 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, 2011.