83R4290 JSL-D
By: Raymond H.B. No. 1101
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 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:
(1) amending the list of allowable food items under
the program to better align that list with the allowable food
purchases under the national free or reduced-price lunch program
established under 42 U.S.C. Section 1751 et seq.; and
(2) restricting the purchase of food items considered
to have minimal nutritional value under the national free or
reduced-price lunch program, including items in the categories of
foods listed in 7 C.F.R. Part 210, Appendix B.
(b) As soon as practicable after the effective date of this
Act, the Health and Human Services Commission 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, 2013.