| 1 | 1 | | By: Middleton S.B. No. 346 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting the purchase of certain food and drink |
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| 7 | 7 | | items under the supplemental nutrition assistance program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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| 10 | 10 | | is amended by adding Section 33.031 to read as follows: |
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| 11 | 11 | | Sec. 33.031. PURCHASE OF CERTAIN FOOD AND DRINK ITEMS |
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| 12 | 12 | | PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) |
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| 13 | 13 | | In this section: |
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| 14 | 14 | | (1) "Energy drink" means a beverage containing at |
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| 15 | 15 | | least 65 milligrams of caffeine per 8 fluid ounces that is |
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| 16 | 16 | | advertised as being specifically designed to provide metabolic |
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| 17 | 17 | | stimulation or an increase to the consumer's mental or physical |
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| 18 | 18 | | energy. The term does not include coffee or any substantially |
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| 19 | 19 | | coffee-based beverage. |
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| 20 | 20 | | (2) "Milk product" means a natural milk product |
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| 21 | 21 | | regardless of animal source or butterfat content and regardless of |
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| 22 | 22 | | whether reconstituted, including milk in liquid form, milk |
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| 23 | 23 | | concentrate, and dehydrated milk. |
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| 24 | 24 | | (3) "Sweetened beverage" means a nonalcoholic |
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| 25 | 25 | | beverage to which a natural or artificial sweetener is added that is |
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| 26 | 26 | | sold for human consumption, including a soft drink, a fruit or |
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| 27 | 27 | | vegetable juice, and other flavored beverages. |
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| 28 | 28 | | (b) Except as provided by Subsection (c), a recipient of |
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| 29 | 29 | | supplemental nutrition assistance program benefits may not use |
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| 30 | 30 | | those benefits to purchase: |
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| 31 | 31 | | (1) an energy drink; |
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| 32 | 32 | | (2) a sweetened beverage; |
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| 33 | 33 | | (3) a carbonated beverage; |
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| 34 | 34 | | (4) candy ordinarily packaged and sold for consumption |
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| 35 | 35 | | without further preparation; |
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| 36 | 36 | | (5) potato or corn chips ordinarily packaged and sold |
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| 37 | 37 | | for consumption without further preparation; or |
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| 38 | 38 | | (6) cookies ordinarily packaged and sold for |
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| 39 | 39 | | consumption without further preparation. |
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| 40 | 40 | | (c) The prohibition under Subsection (b) does not apply to |
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| 41 | 41 | | the purchase of: |
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| 42 | 42 | | (1) a milk product or a product, other than an energy |
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| 43 | 43 | | drink, containing milk or a milk protein; |
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| 44 | 44 | | (2) a milk substitute, including soy milk, rice milk, |
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| 45 | 45 | | or almond milk; |
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| 46 | 46 | | (3) a beverage, other than an energy drink or |
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| 47 | 47 | | carbonated beverage, in which the only added sweetener does not add |
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| 48 | 48 | | calories to the beverage; |
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| 49 | 49 | | (4) a beverage intended by the manufacturer for |
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| 50 | 50 | | consumption by an infant that is commonly referred to as "infant |
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| 51 | 51 | | formula"; |
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| 52 | 52 | | (5) a beverage, other than a carbonated beverage, |
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| 53 | 53 | | intended by the manufacturer for use for weight reduction; |
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| 54 | 54 | | (6) a fruit or vegetable juice, other than a |
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| 55 | 55 | | carbonated beverage, to which no sugar has been added; |
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| 56 | 56 | | (7) a beverage or other product, other than a |
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| 57 | 57 | | carbonated beverage, intended for use as recommended by a health |
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| 58 | 58 | | care professional, as defined by Section 247.067, Health and Safety |
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| 59 | 59 | | Code; |
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| 60 | 60 | | (8) a beverage or other product, other than a |
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| 61 | 61 | | carbonated beverage, that contains plant protein sources; or |
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| 62 | 62 | | (9) a product, other than an energy drink or |
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| 63 | 63 | | carbonated beverage, that: |
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| 64 | 64 | | (A) is fortified with a vitamin or mineral; and |
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| 65 | 65 | | (B) contains a source of protein. |
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| 66 | 66 | | SECTION 2. If before implementing any provision of this Act |
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| 67 | 67 | | a state agency determines that a waiver or authorization from a |
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| 68 | 68 | | federal agency is necessary for implementation of that provision, |
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| 69 | 69 | | the agency affected by the provision shall request the waiver or |
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| 70 | 70 | | authorization and may delay implementing that provision until the |
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| 71 | 71 | | waiver or authorization is granted. |
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| 72 | 72 | | SECTION 3. This Act takes effect September 1, 2023. |
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