81R7859 KLA-F
By: Naishtat H.B. No. 1625
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of certain resources in determining
eligibility for the financial assistance, medical assistance, and
food stamp programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.032(d), Human Resources Code, is
amended to read as follows:
(d) In determining whether an applicant is eligible for
assistance, the department shall exclude from the applicant's
available resources:
(1) $1,000 for the applicant's household, including a
household in which there is a person with a disability or a person
who is at least 60 years of age; [and]
(2) the fair market value of each motor vehicle:
(A) in which the applicant or any other person in
the applicant's household has an ownership interest; and
(B) the fair market value of which is less than
$4,650;
(3) each motor vehicle that may be excluded under 7
C.F.R. Section 273.8(e)(3);
(4) the fair market value of the motor vehicle, other
than a motor vehicle that is excluded, or the value of which is
excluded, under Subdivision (2) or (3):
(A) in which the applicant or any other person in
the applicant's household has an ownership interest; and
(B) that has the greatest fair market value as
compared to each other motor vehicle in which the applicant or any
other person in the applicant's household has an ownership
interest; and
(5) with respect to each motor vehicle in which the
applicant has an ownership interest, other than the motor vehicles
that are otherwise excluded, or the values of which are otherwise
excluded, under this subsection, the greater of:
(A) the difference between the fair market value
of the motor vehicle and the value of the applicant's equity in the
motor vehicle; or
(B) $4,650 [in a motor vehicle, but not more than
the amount determined according to the following schedule:
[(A) $4,550 on or after September 1, 1995, but
before October 1, 1995;
[(B) $4,600 on or after October 1, 1995, but
before October 1, 1996;
[(C) $5,000 on or after October 1, 1996, but
before October 1, 1997; and
[(D) $5,000 plus or minus an amount to be
determined annually beginning on October 1, 1997, to reflect
changes in the new car component of the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics].
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0265 to read as follows:
Sec. 32.0265. DETERMINATION OF RESOURCES: MOTOR VEHICLE
ALLOWANCES. (a) To the extent allowed by federal law and except as
provided by Subsection (b), for purposes of determining whether a
person meets the resource requirements for eligibility for medical
assistance, the department shall exclude from the person's
resources the motor vehicle allowances that would be excluded under
Section 31.032(d) if the person were an applicant for financial
assistance.
(b) Subsection (a) does not apply in determining the
eligibility of a person for medical assistance if a less
restrictive provision relating to motor vehicle allowances would
otherwise apply in determining the person's eligibility for a
specific category of medical assistance.
SECTION 3. Chapter 33, Human Resources Code, is amended by
adding Section 33.014 to read as follows:
Sec. 33.014. DETERMINATION OF RESOURCES: MOTOR VEHICLE
ALLOWANCES. For purposes of determining whether a person meets the
resource requirements for eligibility for food stamps, the
department shall exclude from the person's resources the motor
vehicle allowances that would be excluded under Section 31.032(d)
if the person were an applicant for financial assistance.
SECTION 4. 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 5. The changes in law made by this Act apply to an
initial determination or redetermination of eligibility of a person
for financial assistance under Chapter 31, Human Resources Code,
medical assistance under Chapter 32, Human Resources Code, or the
food stamp program under Chapter 33, Human Resources Code, that is
made on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2009.