By: Raymond H.B. No. 3188
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the purchase of certain food items 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 CERTAIN FOOD ITEMS PROHIBITED
UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this
section:
(1) "Milk product" means a natural milk product
regardless of animal source or butterfat content and regardless of
whether reconstituted, including milk in liquid form, milk
concentrate, and dehydrated milk.
(2) "Sweetened beverage" means a nonalcoholic
beverage to which a natural or artificial sweetener is added that is
sold for human consumption, including a soft drink, a fruit or
vegetable juice, and other flavored beverages.
(b) Except as provided by Subsection (c), a recipient may
not use supplemental nutrition assistance benefits to purchase:
(1) a sweetened beverage;
(2) candy ordinarily packaged and sold for consumption
without further preparation;
(3) potato or corn chips ordinarily packaged and sold
for consumption without further preparation; or
(4) cookies ordinarily packaged and sold for
consumption without further preparation.
(c) The prohibition under Subsection (b) does not apply to
the purchase of:
(1) a milk product or a product containing milk or a
milk protein;
(2) a milk substitute, including soy milk, rice milk,
or almond milk;
(3) a beverage in which the only added sweetener does
not add calories to the beverage;
(4) a beverage intended by the manufacturer for
consumption by an infant that is commonly referred to as "infant
formula";
(5) a beverage intended by the manufacturer for use
for weight reduction;
(6) a fruit or vegetable juice to which no sugar has
been added;
(7) a beverage or other product intended for use as
recommended by a health care professional, as defined by Section
247.067, Health and Safety Code;
(8) a beverage or other product that contains plant
protein sources; or
(9) a product that:
(A) is fortified with a vitamin or mineral; and
(B) contains a source of protein.
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, 2025.