Texas 2025 - 89th Regular

Texas House Bill HB5243 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4916 AND-D
2	2	By: Gerdes H.B. No. 5243
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the purchase of certain food and drink
10	10	items under 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 CERTAIN FOOD AND DRINK ITEMS
15	15	PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a)
16	16	In this section:
17	17	(1) "Energy drink" means a beverage containing at
18	18	least 65 milligrams of caffeine per 8 fluid ounces that is
19	19	advertised as being specifically designed to provide metabolic
20	20	stimulation or an increase to the consumer's mental or physical
21	21	energy. The term does not include coffee or any substantially
22	22	coffee-based beverage.
23	23	(2) "Milk product" means a natural milk product
24	24	regardless of animal source or butterfat content and regardless of
25	25	whether reconstituted, including milk in liquid form, milk
26	26	concentrate, and dehydrated milk.
27	27	(3) "Sweetened beverage" means a nonalcoholic
28	28	beverage to which a natural or artificial sweetener is added that is
29	29	sold for human consumption, including a soft drink and other
30	30	flavored beverages.
31	31	(b) Except as provided by Subsection (c), a recipient of
32	32	supplemental nutrition assistance program benefits may not use
33	33	those benefits to purchase:
34	34	(1) an energy drink;
35	35	(2) a sweetened beverage;
36	36	(3) a carbonated beverage;
37	37	(4) candy ordinarily packaged and sold for consumption
38	38	without further preparation;
39	39	(5) potato or corn chips ordinarily packaged and sold
40	40	for consumption without further preparation; or
41	41	(6) cookies ordinarily packaged and sold for
42	42	consumption without further preparation.
43	43	(c) The prohibition under Subsection (b) does not apply to
44	44	the purchase of:
45	45	(1) a milk product or a product, other than an energy
46	46	drink, containing milk or a milk protein;
47	47	(2) a milk substitute, including soy milk, rice milk,
48	48	or almond milk;
49	49	(3) a beverage, other than an energy drink or
50	50	carbonated beverage, in which the only added sweetener does not add
51	51	calories to the beverage;
52	52	(4) a beverage intended by the manufacturer for
53	53	consumption by an infant that is commonly referred to as "infant
54	54	formula";
55	55	(5) a beverage, other than a carbonated beverage,
56	56	intended by the manufacturer for use for weight reduction;
57	57	(6) a fruit or vegetable juice, other than a
58	58	carbonated beverage, to which no sugar has been added;
59	59	(7) a beverage or other product, other than a
60	60	carbonated beverage, intended for use as recommended by a health
61	61	care professional, as defined by Section 247.067, Health and Safety
62	62	Code;
63	63	(8) a beverage or other product, other than a
64	64	carbonated beverage, that contains plant protein sources; or
65	65	(9) a product, other than an energy drink or
66	66	carbonated beverage, that:
67	67	(A) is fortified with a vitamin or mineral; and
68	68	(B) contains a source of protein.
69	69	SECTION 2. If before implementing any provision of this Act
70	70	a state agency determines that a waiver or authorization from a
71	71	federal agency is necessary for implementation of that provision,
72	72	the agency affected by the provision shall request the waiver or
73	73	authorization and may delay implementing that provision until the
74	74	waiver or authorization is granted.
75	75	SECTION 3. This Act takes effect September 1, 2025.