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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the purchase of certain food and drink |
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items under the supplemental nutrition assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.031 to read as follows: |
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Sec. 33.031. PURCHASE OF CERTAIN FOOD AND DRINK ITEMS |
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PROHIBITED UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) |
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In this section: |
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(1) "Energy drink" means a beverage containing at |
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least 65 milligrams of caffeine per 8 fluid ounces that is |
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advertised as being specifically designed to provide metabolic |
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stimulation or an increase to the consumer's mental or physical |
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energy. The term does not include coffee or any substantially |
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coffee-based beverage. |
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(2) "Milk product" means a natural milk product |
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regardless of animal source or butterfat content and regardless of |
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whether reconstituted, including milk in liquid form, milk |
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concentrate, and dehydrated milk. |
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(3) "Sweetened beverage" means a nonalcoholic |
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beverage to which a natural or artificial sweetener is added that is |
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sold for human consumption, including a soft drink, a fruit or |
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vegetable juice, and other flavored beverages. |
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(b) Except as provided by Subsection (c), a recipient of |
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supplemental nutrition assistance program benefits may not use |
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those benefits to purchase: |
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(1) an energy drink; |
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(2) a sweetened beverage; |
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(3) a carbonated beverage; |
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(4) candy ordinarily packaged and sold for consumption |
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without further preparation; |
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(5) potato or corn chips ordinarily packaged and sold |
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for consumption without further preparation; or |
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(6) cookies ordinarily packaged and sold for |
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consumption without further preparation. |
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(c) The prohibition under Subsection (b) does not apply to |
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the purchase of: |
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(1) a milk product or a product, other than an energy |
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drink, containing milk or a milk protein; |
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(2) a milk substitute, including soy milk, rice milk, |
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or almond milk; |
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(3) a beverage, other than an energy drink or |
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carbonated beverage, in which the only added sweetener does not add |
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calories to the beverage; |
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(4) a beverage intended by the manufacturer for |
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consumption by an infant that is commonly referred to as "infant |
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formula"; |
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(5) a beverage, other than a carbonated beverage, |
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intended by the manufacturer for use for weight reduction; |
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(6) a fruit or vegetable juice, other than a |
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carbonated beverage, to which no sugar has been added; |
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(7) a beverage or other product, other than a |
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carbonated beverage, intended for use as recommended by a health |
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care professional, as defined by Section 247.067, Health and Safety |
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Code; |
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(8) a beverage or other product, other than a |
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carbonated beverage, that contains plant protein sources; or |
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(9) a product, other than an energy drink or |
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carbonated beverage, that: |
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(A) is fortified with a vitamin or mineral; and |
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(B) contains a source of protein. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2021. |