82R24153 EES-F By: King of Taylor H.B. No. 3451 Substitute the following for H.B. No. 3451: By: Taylor of Collin C.S.H.B. No. 3451 A BILL TO BE ENTITLED AN ACT relating to improving nutrition and health outcomes among recipients of benefits 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) public benefits programs that provide recipients with access to an adequate and nutritional diet should incorporate sound nutritional principles and promote the health and well-being of recipients. SECTION 2. WAIVER OR OTHER AUTHORIZATION TO IMPROVE NUTRITION AND HEALTH OUTCOMES UNDER CERTAIN PROGRAMS. (a) The executive commissioner of the Health and Human Services Commission 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 make changes to the supplemental nutrition assistance program provided under Chapter 33, Human Resources Code, to improve nutrition and health outcomes among recipients of benefits under the program. (b) In developing the waiver or other authorization under Subsection (a) of this section, the executive commissioner of the Health and Human Services Commission may consider the feasibility, including the costs and benefits, of: (1) restricting the purchase of certain food items with minimal nutritional value under the supplemental nutrition assistance program; and (2) promoting healthy food choices by recipients of benefits under the program. (c) In developing the waiver or other authorization under Subsection (a) of this section, the executive commissioner of the Health and Human Services Commission shall solicit input from interested persons, including state agencies that administer nutritional assistance programs, nonprofit organizations that administer hunger relief programs, health care providers, nutrition experts, food retailers, and food industry representatives. (d) As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall apply for and actively pursue the waiver or other authorization as required by Subsection (a) of this section. 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.