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  86R181 LED-D
 
  By: Cain H.B. No. 4364
 
 
 
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, a fruit or
  vegetable juice, and other flavored beverages.
         (b)  Except as provided by Subsection (c), a recipient may
  not use supplemental nutrition assistance program 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, 2019.