82R7451 EES-D
 
  By: King of Taylor H.B. No. 3451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowable food purchases under the supplemental
  nutrition assistance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  FINDINGS AND DECLARATION OF POLICY. The
  legislature finds that:
               (1)  Texans are committed to ensuring the health of
  families and children and understand the importance of the role
  preventive health care measures have on population health and the
  state economy;
               (2)  consuming healthy foods such as fruits,
  vegetables, whole grains, fat-free and low-fat dairy products, and
  seafood, and consuming fewer foods with sodium, saturated and trans
  fats, added sugars, and refined grains, are important preventive
  health care measures; and
               (3)  tax dollars intended to support a family's access
  to an adequate and nutritional diet should not be diverted to
  subsidize the purchase of items of minimal nutritional value.
         SECTION 2.  WAIVER OR OTHER AUTHORIZATION TO ALIGN ALLOWABLE
  FOOD ITEMS UNDER CERTAIN PROGRAMS. (a)  The executive commissioner
  of the Health and Human Services Commission, the Department of
  State Health Services, and the Texas Department of Agriculture
  shall develop and seek a waiver or other appropriate authorization
  from the United States secretary of agriculture under Section 17,
  Food and Nutrition Act of 2008 (7 U.S.C. Section 2026), to restrict
  the purchase of food items with minimal nutritional value under the
  supplemental nutrition assistance program provided under Chapter
  33, Human Resources Code, by amending the list of allowable food
  items under the program to better align that list with the allowable
  food purchases under the Special Supplemental Nutrition Program for
  Women, Infants and Children established under 42 U.S.C. Section
  1786 and the national free or reduced-price lunch program
  established under 42 U.S.C. Section 1751 et seq.
         (b)  As soon as practicable after the effective date of this
  Act, the agencies described by Subsection (a) of this section shall
  apply for and actively pursue the waiver or other authorization as
  required by that subsection.
         SECTION 3.  EFFECTIVE DATE. 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, 2011.