89R11173 AND-F
By: Gerdes H.B. No. 2955
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the purchase of candy and soft 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 33.031 to read as follows:
Sec. 33.031. PURCHASE OF CANDY AND SOFT DRINKS PROHIBITED
UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this
section:
(1) "Candy" means a preparation of sugar, honey, or
other natural or artificial sweeteners in combination with
chocolate, fruits, nuts, or other ingredients or flavorings in the
form of bars, drops, or pieces.
(2) "Soft drink" means a nonalcoholic beverage that
contains natural or artificial sweeteners. The term does not
include a beverage that contains:
(A) milk or milk products;
(B) soy, rice, or similar milk substitutes; or
(C) more than 50 percent of vegetable or fruit
juice by volume.
(b) A recipient of supplemental nutrition assistance
program benefits may not use those benefits to purchase candy or
soft drinks.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the executive commissioner of the Health and Human
Services Commission shall develop and seek a waiver or other
appropriate authorization from the appropriate federal agency to
restrict the purchase of candy and soft drinks under the
supplemental nutrition assistance program provided under Chapter
33, Human Resources Code, as required by Section 33.031, Human
Resources Code, as added by this Act.
(b) If the waiver or other authorization requested by the
Health and Human Services Commission under Subsection (a) of this
section is not approved by the appropriate federal agency, the
executive commissioner of the Health and Human Services Commission
shall annually develop and the commission shall apply for and
actively pursue a waiver or other authorization described by
Subsection (a) of this section until the waiver or other
authorization is approved.
SECTION 3. 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, 2025.