84R1816 LED-D
By: Canales H.B. No. 493
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the purchase of energy drinks 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 Section 33.035 to read as follows:
Sec. 33.035. PURCHASE OF ENERGY DRINKS PROHIBITED UNDER
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this section,
"energy drink" means a beverage containing at least 65 milligrams
of caffeine per 8 fluid ounces that is advertised as being
specifically designed to provide metabolic stimulation or an
increase to the consumer's mental or physical energy. The term does
not include coffee or any substantially coffee-based beverage.
(b) A recipient may not use supplemental nutrition
assistance benefits to purchase an energy drink.
(c) The department shall conduct a public outreach campaign
to promote awareness of the prohibition under this section.
SECTION 2. If before implementing any provision of this Act
a state agency determines that authorization from a federal agency
is necessary for implementation of that provision, the agency
affected by the provision shall request the authorization and may
delay implementing that provision until the authorization is
granted.
SECTION 3. This Act takes effect September 1, 2015.