By: Middleton, Hall, Paxton S.B. No. 379
(In the Senate - Filed November 15, 2024; February 3, 2025,
read first time and referred to Committee on Health & Human
Services; March 19, 2025, reported favorably by the following
vote: Yeas 5, Nays 2; March 19, 2025, sent to printer.)
Click here to see the committee vote
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 DRINK ITEMS
PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a)
In this section:
(1) "Energy drink" means a beverage containing at
least 65 milligrams of caffeine per 8 fluid ounces that is
advertised as being specifically designed to provide metabolic
stimulation or an increase to the consumer's mental or physical
energy. The term does not include coffee or any substantially
coffee-based beverage.
(2) "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.
(3) "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 and other
flavored beverages.
(b) Except as provided by Subsection (c), a recipient of
supplemental nutrition assistance program benefits may not use
those benefits to purchase:
(1) an energy drink;
(2) a sweetened beverage;
(3) a carbonated beverage;
(4) candy ordinarily packaged and sold for consumption
without further preparation;
(5) potato or corn chips ordinarily packaged and sold
for consumption without further preparation; or
(6) 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, other than an energy
drink, containing milk or a milk protein;
(2) a milk substitute, including soy milk, rice milk,
or almond milk;
(3) a beverage, other than an energy drink or
carbonated 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, other than a carbonated beverage,
intended by the manufacturer for use for weight reduction;
(6) a fruit or vegetable juice, other than a
carbonated beverage, to which no sugar has been added;
(7) a beverage or other product, other than a
carbonated beverage, 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, other than a
carbonated beverage, that contains plant protein sources; or
(9) a product, other than an energy drink or
carbonated beverage, 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 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 September 1, 2025.
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