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  89R11173 AND-F     By: Gerdes H.B. No. 2955       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the purchase of candy and soft drinks 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 CANDY AND SOFT DRINKS PROHIBITED   UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this   section:                 (1)     "Candy" means a preparation of sugar, honey, or   other natural or artificial sweeteners in combination with   chocolate, fruits, nuts, or other ingredients or flavorings in the   form of bars, drops, or pieces.                 (2)     "Soft drink" means a nonalcoholic beverage that   contains natural or artificial sweeteners. The term does not   include a beverage that contains:                       (A)  milk or milk products;                       (B)  soy, rice, or similar milk substitutes; or                       (C)     more than 50 percent of vegetable or fruit   juice by volume.           (b)     A recipient of supplemental nutrition assistance   program benefits may not use those benefits to purchase candy or   soft drinks.          SECTION 2.  (a)  As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall develop and seek a waiver or other   appropriate authorization from the appropriate federal agency to   restrict the purchase of candy and soft drinks under the   supplemental nutrition assistance program provided under Chapter   33, Human Resources Code, as required by Section 33.031, Human   Resources Code, as added by this Act.          (b)  If the waiver or other authorization requested by the   Health and Human Services Commission under Subsection (a) of this   section is not approved by the appropriate federal agency, the   executive commissioner of the Health and Human Services Commission   shall annually develop and the commission shall apply for and   actively pursue a waiver or other authorization described by   Subsection (a) of this section until the waiver or other   authorization is approved.          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.