Texas 2009 - 81st Regular

Texas House Bill HB1938 Compare Versions

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

Old	New	Differences
1	1	81R6288 ALB-D
2	2	By: Villarreal H.B. No. 1938
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exclusion of certain college savings plan assets
8	8	and benefits from eligibility determination for certain public
9	9	assistance programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 62, Health and Safety
12	12	Code, is amended by adding Section 62.1012 to read as follows:
13	13	Sec. 62.1012. EXCLUSION OF COLLEGE SAVINGS PLANS. For
14	14	purposes of determining whether a child meets family income and
15	15	resource requirements for eligibility for the child health plan,
16	16	the commission may not consider as income or resources a right to
17	17	assets held in or a right to receive payments or benefits under any
18	18	of the following:
19	19	(1) any fund or plan established under Subchapter F or
20	20	H, Chapter 54, Education Code, including an interest in a prepaid
21	21	tuition contract;
22	22	(2) any fund or plan established under Subchapter G,
23	23	Chapter 54, Education Code, including an interest in a savings
24	24	trust account; or
25	25	(3) any qualified tuition program of any state that
26	26	meets the requirements of Section 529, Internal Revenue Code of
27	27	1986.
28	28	SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
29	29	is amended by adding Section 31.0039 to read as follows:
30	30	Sec. 31.0039. EXCLUSION OF COLLEGE SAVINGS PLANS. For
31	31	purposes of determining the amount of financial assistance granted
32	32	to an individual under this chapter for the support of dependent
33	33	children or determining whether the family meets household income
34	34	and resource requirements for financial assistance under this
35	35	chapter, the department may not consider the right to assets held in
36	36	or the right to receive payments or benefits under any of the
37	37	following:
38	38	(1) any fund or plan established under Subchapter F or
39	39	H, Chapter 54, Education Code, including an interest in a prepaid
40	40	tuition contract;
41	41	(2) any fund or plan established under Subchapter G,
42	42	Chapter 54, Education Code, including an interest in a savings
43	43	trust account; or
44	44	(3) any qualified tuition program of any state that
45	45	meets the requirements of Section 529, Internal Revenue Code of
46	46	1986.
47	47	SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
48	48	is amended by adding Section 32.02611 to read as follows:
49	49	Sec. 32.02611. EXCLUSION OF COLLEGE SAVINGS PLANS. (a)
50	50	Except as provided by Subsection (b), in determining eligibility
51	51	and need for medical assistance, the department may not consider as
52	52	assets or resources a right to assets held in or a right to receive
53	53	payments or benefits under any of the following:
54	54	(1) any fund or plan established under Subchapter F or
55	55	H, Chapter 54, Education Code, including an interest in a prepaid
56	56	tuition contract;
57	57	(2) any fund or plan established under Subchapter G,
58	58	Chapter 54, Education Code, including an interest in a savings
59	59	trust account; or
60	60	(3) any qualified tuition program of any state that
61	61	meets the requirements of Section 529, Internal Revenue Code of
62	62	1986.
63	63	(b) In determining eligibility and need for medical
64	64	assistance for an applicant who may be eligible on the basis of the
65	65	applicant's eligibility for medical assistance for the aged, blind,
66	66	or disabled under 42 U.S.C. Section 1396a(10), as amended, the
67	67	department may consider as assets or resources a right to assets
68	68	held in or a right to receive payments or benefits under any fund,
69	69	plan, or tuition program described by Subsection (a).
70	70	(c) Notwithstanding Subsection (b), the department shall
71	71	seek a federal waiver authorizing the department to exclude, for
72	72	purposes of determining the eligibility of an applicant described
73	73	by that subsection, the right to assets held in or a right to
74	74	receive payments or benefits under any fund, plan, or tuition
75	75	program described by Subsection (a) if the fund, plan, or tuition
76	76	program was established before the 21st birthday of the beneficiary
77	77	of the fund, plan, or tuition program.
78	78	SECTION 4. If before implementing any provision of this Act
79	79	a state agency determines that a waiver or authorization from a
80	80	federal agency is necessary for implementation of that provision,
81	81	the agency affected by the provision shall request the waiver or
82	82	authorization and may delay implementing that provision until the
83	83	waiver or authorization is granted.
84	84	SECTION 5. The changes in law made by this Act apply to a
85	85	person who receives health benefits coverage under Chapter 62,
86	86	Health and Safety Code, financial assistance under Chapter 31,
87	87	Human Resources Code, or medical assistance under Chapter 32, Human
88	88	Resources Code, on or after the effective date of this Act,
89	89	regardless of the date on which eligibility for coverage or
90	90	assistance was initially determined.
91	91	SECTION 6. This Act takes effect September 1, 2009.