Bill Text: TX HB343 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting the purchase of certain food and drink items under the supplemental nutrition assistance program.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2021-03-16 - Left pending in committee [HB343 Detail]
Download: Texas-2021-HB343-Introduced.html
87R476 MM-D | ||
By: Cain | H.B. No. 343 |
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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 of | ||
supplemental nutrition assistance program benefits may not use | ||
those 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, 2021. |