83R1820 KKR-D
 
  By: Raymond H.B. No. 751
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the purchase of certain food 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 ITEMS PROHIBITED
  UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a)  In this
  section:
               (1)  "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.
               (2)  "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)  a sweetened beverage;
               (2)  candy ordinarily packaged and sold for consumption
  without further preparation;
               (3)  potato or corn chips ordinarily packaged and sold
  for consumption without further preparation; or
               (4)  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 containing milk or a
  milk protein;
               (2)  a milk substitute, including soy milk, rice milk,
  or almond milk;
               (3)  a 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 intended by the manufacturer for use
  for weight reduction;
               (6)  a fruit or vegetable juice to which no sugar has
  been added;
               (7)  a beverage or other product 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 that contains plant
  protein sources; or
               (9)  a product 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 authorization from a federal agency
  is necessary for implementation of that provision, the agency
  affected by the provision shall request the authorization and may
  delay implementing that provision until the authorization is
  granted.
         SECTION 3.  This Act takes effect September 1, 2013.