89R16822 AND-D
 
  By: Shofner H.B. No. 5157
 
 
 
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 DRINKS PROHIBITED
  UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Subject to
  Subsection (b), the executive commissioner by rule shall, in
  consultation with the department, develop and publish on the
  commission's Internet website a list of food and drink items that a
  recipient of supplemental nutrition assistance benefits may not
  purchase with those benefits.
         (b)  In developing the list under Subsection (a), the
  executive commissioner:
               (1)  shall consider the nutritional value of the food
  and drink items; and
               (2)  may not prohibit any single ingredient food or
  drink item.
         (c)  Except as expressly required by federal law, a recipient
  of supplemental nutrition assistance program benefits may not use
  those benefits to purchase any food or drink item on the list
  established under Subsection (a).
         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 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, 2025.