Bill Text: TX SB379 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibiting the purchase of certain food and drink items under the supplemental nutrition assistance program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-15 - Filed [SB379 Detail]
Download: Texas-2025-SB379-Introduced.html
| 89R4916 AND-D | ||
| By: Middleton | S.B. No. 379 | |
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| 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. | ||
