| 1 | 1 | | 89R16822 AND-D |
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| 2 | 2 | | By: Shofner H.B. No. 5157 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prohibiting the purchase of certain food and drink |
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| 10 | 10 | | items under the supplemental nutrition assistance program. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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| 13 | 13 | | is amended by adding Section 33.031 to read as follows: |
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| 14 | 14 | | Sec. 33.031. PURCHASE OF CERTAIN FOOD AND DRINKS PROHIBITED |
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| 15 | 15 | | UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Subject to |
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| 16 | 16 | | Subsection (b), the executive commissioner by rule shall, in |
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| 17 | 17 | | consultation with the department, develop and publish on the |
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| 18 | 18 | | commission's Internet website a list of food and drink items that a |
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| 19 | 19 | | recipient of supplemental nutrition assistance benefits may not |
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| 20 | 20 | | purchase with those benefits. |
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| 21 | 21 | | (b) In developing the list under Subsection (a), the |
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| 22 | 22 | | executive commissioner: |
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| 23 | 23 | | (1) shall consider the nutritional value of the food |
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| 24 | 24 | | and drink items; and |
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| 25 | 25 | | (2) may not prohibit any single ingredient food or |
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| 26 | 26 | | drink item. |
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| 27 | 27 | | (c) Except as expressly required by federal law, a recipient |
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| 28 | 28 | | of supplemental nutrition assistance program benefits may not use |
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| 29 | 29 | | those benefits to purchase any food or drink item on the list |
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| 30 | 30 | | established under Subsection (a). |
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| 31 | 31 | | SECTION 2. If before implementing any provision of this Act |
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| 32 | 32 | | a state agency determines that a waiver or authorization from a |
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| 33 | 33 | | federal agency is necessary for implementation of that provision, |
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| 34 | 34 | | the agency affected by the provision shall request the waiver or |
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| 35 | 35 | | authorization and may delay implementing that provision until the |
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| 36 | 36 | | waiver or authorization is granted. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2025. |
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