82R7121 SJM-D
 
  By: Raymond H.B. No. 1151
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the purchase of certain food items under
  the supplemental nutritional assistance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 33, Human Resources Code, is amended by
  adding Section 33.030 to read as follows:
         Sec. 33.030.  PURCHASE OF CERTAIN FOOD ITEMS PROHIBITED
  UNDER SNAP. (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)  "Sugary food item" means a food item to which a
  natural or artificial sweetener is added that contains more than 10
  calories per 8 ounces of the item.
               (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, a fruit or
  vegetable juice, and other flavored beverages.
         (b)  Except as provided by Subsection (c), a recipient may
  not use supplemental nutritional assistance benefits to purchase:
               (1)  a sweetened beverage;
               (2)  another sugary food item; or
               (3)  any food item, regardless of natural or artificial
  sweetener content, that contains more than 10 grams of fat per
  serving, according to the manufacturer's label on the food or other
  documentation by the manufacturer, as required by state or federal
  law.
         (c)  The prohibition under Subsection (b) does not apply to
  the purchase of:
               (1)  a milk product;
               (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; or
               (6)  a fruit or vegetable juice to which no sugar has
  been added.
         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, 2011.