89R16822 AND-D
By: Shofner H.B. No. 5157
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the purchase of certain food and drink
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 AND DRINKS PROHIBITED
UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Subject to
Subsection (b), the executive commissioner by rule shall, in
consultation with the department, develop and publish on the
commission's Internet website a list of food and drink items that a
recipient of supplemental nutrition assistance benefits may not
purchase with those benefits.
(b) In developing the list under Subsection (a), the
executive commissioner:
(1) shall consider the nutritional value of the food
and drink items; and
(2) may not prohibit any single ingredient food or
drink item.
(c) Except as expressly required by federal law, a recipient
of supplemental nutrition assistance program benefits may not use
those benefits to purchase any food or drink item on the list
established under Subsection (a).
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
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.