Texas 2009 - 81st Regular

Texas House Bill HB1625 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7859 KLA-F
2	2	By: Naishtat H.B. No. 1625
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exclusion of certain resources in determining
8	8	eligibility for the financial assistance, medical assistance, and
9	9	food stamp programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.032(d), Human Resources Code, is
12	12	amended to read as follows:
13	13	(d) In determining whether an applicant is eligible for
14	14	assistance, the department shall exclude from the applicant's
15	15	available resources:
16	16	(1) $1,000 for the applicant's household, including a
17	17	household in which there is a person with a disability or a person
18	18	who is at least 60 years of age; [and]
19	19	(2) the fair market value of each motor vehicle:
20	20	(A) in which the applicant or any other person in
21	21	the applicant's household has an ownership interest; and
22	22	(B) the fair market value of which is less than
23	23	$4,650;
24	24	(3) each motor vehicle that may be excluded under 7
25	25	C.F.R. Section 273.8(e)(3);
26	26	(4) the fair market value of the motor vehicle, other
27	27	than a motor vehicle that is excluded, or the value of which is
28	28	excluded, under Subdivision (2) or (3):
29	29	(A) in which the applicant or any other person in
30	30	the applicant's household has an ownership interest; and
31	31	(B) that has the greatest fair market value as
32	32	compared to each other motor vehicle in which the applicant or any
33	33	other person in the applicant's household has an ownership
34	34	interest; and
35	35	(5) with respect to each motor vehicle in which the
36	36	applicant has an ownership interest, other than the motor vehicles
37	37	that are otherwise excluded, or the values of which are otherwise
38	38	excluded, under this subsection, the greater of:
39	39	(A) the difference between the fair market value
40	40	of the motor vehicle and the value of the applicant's equity in the
41	41	motor vehicle; or
42	42	(B) $4,650 [in a motor vehicle, but not more than
43	43	the amount determined according to the following schedule:
44	44	[(A) $4,550 on or after September 1, 1995, but
45	45	before October 1, 1995;
46	46	[(B) $4,600 on or after October 1, 1995, but
47	47	before October 1, 1996;
48	48	[(C) $5,000 on or after October 1, 1996, but
49	49	before October 1, 1997; and
50	50	[(D) $5,000 plus or minus an amount to be
51	51	determined annually beginning on October 1, 1997, to reflect
52	52	changes in the new car component of the Consumer Price Index for All
53	53	Urban Consumers published by the Bureau of Labor Statistics].
54	54	SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
55	55	is amended by adding Section 32.0265 to read as follows:
56	56	Sec. 32.0265. DETERMINATION OF RESOURCES: MOTOR VEHICLE
57	57	ALLOWANCES. (a) To the extent allowed by federal law and except as
58	58	provided by Subsection (b), for purposes of determining whether a
59	59	person meets the resource requirements for eligibility for medical
60	60	assistance, the department shall exclude from the person's
61	61	resources the motor vehicle allowances that would be excluded under
62	62	Section 31.032(d) if the person were an applicant for financial
63	63	assistance.
64	64	(b) Subsection (a) does not apply in determining the
65	65	eligibility of a person for medical assistance if a less
66	66	restrictive provision relating to motor vehicle allowances would
67	67	otherwise apply in determining the person's eligibility for a
68	68	specific category of medical assistance.
69	69	SECTION 3. Chapter 33, Human Resources Code, is amended by
70	70	adding Section 33.014 to read as follows:
71	71	Sec. 33.014. DETERMINATION OF RESOURCES: MOTOR VEHICLE
72	72	ALLOWANCES. For purposes of determining whether a person meets the
73	73	resource requirements for eligibility for food stamps, the
74	74	department shall exclude from the person's resources the motor
75	75	vehicle allowances that would be excluded under Section 31.032(d)
76	76	if the person were an applicant for financial assistance.
77	77	SECTION 4. If before implementing any provision of this Act
78	78	a state agency determines that a waiver or authorization from a
79	79	federal agency is necessary for implementation of that provision,
80	80	the agency affected by the provision shall request the waiver or
81	81	authorization and may delay implementing that provision until the
82	82	waiver or authorization is granted.
83	83	SECTION 5. The changes in law made by this Act apply to an
84	84	initial determination or redetermination of eligibility of a person
85	85	for financial assistance under Chapter 31, Human Resources Code,
86	86	medical assistance under Chapter 32, Human Resources Code, or the
87	87	food stamp program under Chapter 33, Human Resources Code, that is
88	88	made on or after the effective date of this Act.
89	89	SECTION 6. This Act takes effect September 1, 2009.