Monitoring the Session

HB 3188

SNAP Junk Food Ban Lets Milk Chocolate Back In

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Richard Peña RaymondDHouse 42
Why it's charged
The hole

THE TEXT

“a beverage or other product that contains plant protein sources”

Bill text, introduced version (I)

Packaged cookies and corn or potato chips are made from plant ingredients, so this exception, read together with the milk-protein exemption that covers milk chocolate candy, can let much of the advertised junk-food list back through. Sugared sodas with no protein stay covered, so the ban is narrowed rather than erased.

The hole

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to prohibiting the purchase of certain food items under the supplemental nutrition assistance program.

Caption from analyzed text · version I.

Summary

Exempt: anything that “contains plant protein sources.” Chips and cookies are made from plant ingredients!

The bill bars Texans on SNAP food benefits from using those benefits to buy sweetened drinks, candy, packaged chips, and packaged cookies. It then exempts a long list of items, including anything containing milk or milk protein, anything that contains plant protein sources, and anything fortified with a vitamin or mineral that also contains protein. The state must ask the federal government for permission first and may hold off on enforcement until that permission is granted.

Labels

Labels: DO-OVER. Reworked text of a bill filed before that died: 88R SB 346 by Sen. Middleton (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.

Receipt

The receipt

89R-HB3188 · 2025-02-21

SOLD BY

ITEM

relating to prohibiting the purchase of certain food items under the supplemental nutrition assistance program.

WHAT IT DOES

Exempt: anything that “contains plant protein sources.” Chips and cookies are made from plant ingredients!

The bill bars Texans on SNAP food benefits from using those benefits to buy sweetened drinks, candy, packaged chips, and packaged cookies. It then exempts a long list of items, including anything containing milk or milk protein, anything that contains plant protein sources, and anything fortified with a vitamin or mineral that also contains protein. The state must ask the federal government for permission first and may hold off on enforcement until that permission is granted.

CHARGES

[x] THE HOLEanalysis confidence 60%

THE TEXT

“a beverage or other product that contains plant protein sources”

Bill text, introduced version (I)

Packaged cookies and corn or potato chips are made from plant ingredients, so this exception, read together with the milk-protein exemption that covers milk chocolate candy, can let much of the advertised junk-food list back through. Sugared sodas with no protein stay covered, so the ban is narrowed rather than erased.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Human Services
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 17, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

PG Rental & Leasing Financial LLC$70,000.00

PG Rental & Leasing Financial LLC

$70,000.00

Cash
$70,000.00
Paid by others
$0.00
Total
$70,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Oct 30, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 30, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968808, 101007425, 101036903, 101073060.

Blackstone Dilworth JR$65,000.00
Wyatt Ranches of Texas LLC$60,000.00

Wyatt Ranches of Texas LLC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Dec 12, 2024 to Jul 9, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Dec 12, 2024 to Jul 9, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968808, 101070449.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

PG Rental & Leasing Financial LLC

$70,000.00

Cash
$70,000.00
Paid by others
$0.00
Total
$70,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Oct 30, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 30, 2024 to Sep 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968808, 101007425, 101036903, 101073060.

×

Wyatt Ranches of Texas LLC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · Dec 12, 2024 to Jul 9, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Dec 12, 2024 to Jul 9, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968808, 101070449.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 346

by Sen. Middleton, different lead author · Died in committee · reworked

Introduced text

Last action, Feb 15, 2023: Referred to Health & Human Services

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

Caption, 88R bill history

Sources

Texas House · Filed Feb 21, 2025

03/20/2025 H Referred to Human Services: Mar 20 2025 11:50AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Human Services · Final status: Died in committee

Companion

SB 379 by Middleton (similar)

Subjects

Human Services--Food Programs

FOOD

MILK

Text

The text as introduced · 410 words

By: Raymond
H.B. No. 3188

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the purchase of certain food 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 ITEMS PROHIBITED

UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In this

section:

(1) "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.

(2) "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, a fruit or

vegetable juice, and other flavored beverages.

(b) Except as provided by Subsection (c), a recipient may

not use supplemental nutrition assistance benefits to purchase:

(1) a sweetened beverage;

(2) candy ordinarily packaged and sold for consumption

without further preparation;

(3) potato or corn chips ordinarily packaged and sold

for consumption without further preparation; or

(4) 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 containing milk or a

milk protein;

(2) a milk substitute, including soy milk, rice milk,

or almond milk;

(3) a 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 intended by the manufacturer for use

for weight reduction;

(6) a fruit or vegetable juice to which no sugar has

been added;

(7) a beverage or other product 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 that contains plant

protein sources; or

(9) a product 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 authorization from a federal agency

is necessary for implementation of that provision, the agency

affected by the provision shall request the authorization and may

delay implementing that provision until the authorization is

granted.

SECTION 3. This Act takes effect September 1, 2025.