HB5243 - Relating to prohibiting the purchase of certain food and drink items under the supplemental nutrition assistance program.

  89R4916 AND-D     By: Gerdes H.B. No. 5243       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 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, 2025.