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  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.