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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the purchase of energy drinks under the |
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supplemental nutrition assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.036 to read as follows: |
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Sec. 33.036. PURCHASE OF ENERGY DRINKS PROHIBITED UNDER |
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SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this section, |
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"energy drink" means a beverage containing at least 65 milligrams |
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of caffeine per 8 fluid ounces that is advertised as being |
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specifically designed to provide metabolic stimulation or an |
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increase to the consumer's mental or physical energy. The term does |
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not include coffee or any substantially coffee-based beverage. |
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(b) A recipient may not use supplemental nutrition |
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assistance benefits to purchase an energy drink. |
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(c) The department shall conduct a public outreach campaign |
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to promote awareness of the prohibition under this section. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that authorization from a federal agency |
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is necessary for implementation of that provision, the agency |
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affected by the provision shall request the authorization and may |
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delay implementing that provision until the authorization is |
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granted. |
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SECTION 3. This Act takes effect September 1, 2013. |