Bill Text: TX HB842 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 842 (Prior Session Legislation)

Introduced

Bill Title: Relating to prohibiting the purchase of certain food and drink items under the supplemental nutrition assistance program.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-02-21 - Referred to Human Services [HB842 Detail]

Download: Texas-2017-HB842-Introduced.html

	85R965 LED-D

	By: Burrows	H.B. No. 842



	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 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, 2017.