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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 candy and soft drinks under |
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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 CANDY AND SOFT DRINKS PROHIBITED |
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UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this |
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section: |
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(1) "Candy" means a preparation of sugar, honey, or |
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other natural or artificial sweeteners in combination with |
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chocolate, fruits, nuts, or other ingredients or flavorings in the |
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form of bars, drops, or pieces. |
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(2) "Soft drink" means a nonalcoholic beverage that |
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contains natural or artificial sweeteners. The term does not |
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include a beverage that contains: |
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(A) milk or milk products; |
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(B) soy, rice, or similar milk substitutes; or |
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(C) more than 50 percent of vegetable or fruit |
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juice by volume. |
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(b) A recipient of supplemental nutrition assistance |
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program benefits may not use those benefits to purchase candy or |
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soft drinks. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall develop and seek a waiver or other |
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appropriate authorization from the appropriate federal agency to |
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restrict the purchase of candy and soft drinks under the |
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supplemental nutrition assistance program provided under Chapter |
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33, Human Resources Code, as required by Section 33.031, Human |
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Resources Code, as added by this Act. |
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(b) If the waiver or other authorization requested by the |
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Health and Human Services Commission under Subsection (a) of this |
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section is not approved by the appropriate federal agency, the |
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executive commissioner of the Health and Human Services Commission |
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shall annually develop and the commission shall apply for and |
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actively pursue a waiver or other authorization described by |
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Subsection (a) of this section until the waiver or other |
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authorization is approved. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |