Texas 2021 - 87th Regular

Texas House Bill HB343 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R476 MM-D
2	2	By: Cain H.B. No. 343
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the purchase of certain food and drink
8	8	items under the supplemental nutrition assistance program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
11	11	is amended by adding Section 33.031 to read as follows:
12	12	Sec. 33.031. PURCHASE OF CERTAIN FOOD AND DRINK ITEMS
13	13	PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a)
14	14	In this section:
15	15	(1) "Energy drink" means a beverage containing at
16	16	least 65 milligrams of caffeine per 8 fluid ounces that is
17	17	advertised as being specifically designed to provide metabolic
18	18	stimulation or an increase to the consumer's mental or physical
19	19	energy. The term does not include coffee or any substantially
20	20	coffee-based beverage.
21	21	(2) "Milk product" means a natural milk product
22	22	regardless of animal source or butterfat content and regardless of
23	23	whether reconstituted, including milk in liquid form, milk
24	24	concentrate, and dehydrated milk.
25	25	(3) "Sweetened beverage" means a nonalcoholic
26	26	beverage to which a natural or artificial sweetener is added that is
27	27	sold for human consumption, including a soft drink, a fruit or
28	28	vegetable juice, and other flavored beverages.
29	29	(b) Except as provided by Subsection (c), a recipient of
30	30	supplemental nutrition assistance program benefits may not use
31	31	those benefits to purchase:
32	32	(1) an energy drink;
33	33	(2) a sweetened beverage;
34	34	(3) a carbonated beverage;
35	35	(4) candy ordinarily packaged and sold for consumption
36	36	without further preparation;
37	37	(5) potato or corn chips ordinarily packaged and sold
38	38	for consumption without further preparation; or
39	39	(6) cookies ordinarily packaged and sold for
40	40	consumption without further preparation.
41	41	(c) The prohibition under Subsection (b) does not apply to
42	42	the purchase of:
43	43	(1) a milk product or a product, other than an energy
44	44	drink, containing milk or a milk protein;
45	45	(2) a milk substitute, including soy milk, rice milk,
46	46	or almond milk;
47	47	(3) a beverage, other than an energy drink or
48	48	carbonated beverage, in which the only added sweetener does not add
49	49	calories to the beverage;
50	50	(4) a beverage intended by the manufacturer for
51	51	consumption by an infant that is commonly referred to as "infant
52	52	formula";
53	53	(5) a beverage, other than a carbonated beverage,
54	54	intended by the manufacturer for use for weight reduction;
55	55	(6) a fruit or vegetable juice, other than a
56	56	carbonated beverage, to which no sugar has been added;
57	57	(7) a beverage or other product, other than a
58	58	carbonated beverage, intended for use as recommended by a health
59	59	care professional, as defined by Section 247.067, Health and Safety
60	60	Code;
61	61	(8) a beverage or other product, other than a
62	62	carbonated beverage, that contains plant protein sources; or
63	63	(9) a product, other than an energy drink or
64	64	carbonated beverage, that:
65	65	(A) is fortified with a vitamin or mineral; and
66	66	(B) contains a source of protein.
67	67	SECTION 2. If before implementing any provision of this Act
68	68	a state agency determines that a waiver or authorization from a
69	69	federal agency is necessary for implementation of that provision,
70	70	the agency affected by the provision shall request the waiver or
71	71	authorization and may delay implementing that provision until the
72	72	waiver or authorization is granted.
73	73	SECTION 3. This Act takes effect September 1, 2021.