| 1 | 1 | | 89R11173 AND-F |
|---|
| 2 | 2 | | By: Gerdes H.B. No. 2955 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to prohibiting the purchase of candy and soft drinks under |
|---|
| 10 | 10 | | the supplemental nutrition assistance program. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
|---|
| 13 | 13 | | is amended by adding Section 33.031 to read as follows: |
|---|
| 14 | 14 | | Sec. 33.031. PURCHASE OF CANDY AND SOFT DRINKS PROHIBITED |
|---|
| 15 | 15 | | UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this |
|---|
| 16 | 16 | | section: |
|---|
| 17 | 17 | | (1) "Candy" means a preparation of sugar, honey, or |
|---|
| 18 | 18 | | other natural or artificial sweeteners in combination with |
|---|
| 19 | 19 | | chocolate, fruits, nuts, or other ingredients or flavorings in the |
|---|
| 20 | 20 | | form of bars, drops, or pieces. |
|---|
| 21 | 21 | | (2) "Soft drink" means a nonalcoholic beverage that |
|---|
| 22 | 22 | | contains natural or artificial sweeteners. The term does not |
|---|
| 23 | 23 | | include a beverage that contains: |
|---|
| 24 | 24 | | (A) milk or milk products; |
|---|
| 25 | 25 | | (B) soy, rice, or similar milk substitutes; or |
|---|
| 26 | 26 | | (C) more than 50 percent of vegetable or fruit |
|---|
| 27 | 27 | | juice by volume. |
|---|
| 28 | 28 | | (b) A recipient of supplemental nutrition assistance |
|---|
| 29 | 29 | | program benefits may not use those benefits to purchase candy or |
|---|
| 30 | 30 | | soft drinks. |
|---|
| 31 | 31 | | SECTION 2. (a) As soon as practicable after the effective |
|---|
| 32 | 32 | | date of this Act, the executive commissioner of the Health and Human |
|---|
| 33 | 33 | | Services Commission shall develop and seek a waiver or other |
|---|
| 34 | 34 | | appropriate authorization from the appropriate federal agency to |
|---|
| 35 | 35 | | restrict the purchase of candy and soft drinks under the |
|---|
| 36 | 36 | | supplemental nutrition assistance program provided under Chapter |
|---|
| 37 | 37 | | 33, Human Resources Code, as required by Section 33.031, Human |
|---|
| 38 | 38 | | Resources Code, as added by this Act. |
|---|
| 39 | 39 | | (b) If the waiver or other authorization requested by the |
|---|
| 40 | 40 | | Health and Human Services Commission under Subsection (a) of this |
|---|
| 41 | 41 | | section is not approved by the appropriate federal agency, the |
|---|
| 42 | 42 | | executive commissioner of the Health and Human Services Commission |
|---|
| 43 | 43 | | shall annually develop and the commission shall apply for and |
|---|
| 44 | 44 | | actively pursue a waiver or other authorization described by |
|---|
| 45 | 45 | | Subsection (a) of this section until the waiver or other |
|---|
| 46 | 46 | | authorization is approved. |
|---|
| 47 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 51 | 51 | | Act takes effect September 1, 2025. |
|---|