81R6288 ALB-D
By: Villarreal H.B. No. 1938
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of certain college savings plan assets
and benefits from eligibility determination for certain public
assistance programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 62, Health and Safety
Code, is amended by adding Section 62.1012 to read as follows:
Sec. 62.1012. EXCLUSION OF COLLEGE SAVINGS PLANS. For
purposes of determining whether a child meets family income and
resource requirements for eligibility for the child health plan,
the commission may not consider as income or resources a right to
assets held in or a right to receive payments or benefits under any
of the following:
(1) any fund or plan established under Subchapter F or
H, Chapter 54, Education Code, including an interest in a prepaid
tuition contract;
(2) any fund or plan established under Subchapter G,
Chapter 54, Education Code, including an interest in a savings
trust account; or
(3) any qualified tuition program of any state that
meets the requirements of Section 529, Internal Revenue Code of
1986.
SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.0039 to read as follows:
Sec. 31.0039. EXCLUSION OF COLLEGE SAVINGS PLANS. For
purposes of determining the amount of financial assistance granted
to an individual under this chapter for the support of dependent
children or determining whether the family meets household income
and resource requirements for financial assistance under this
chapter, the department may not consider the right to assets held in
or the right to receive payments or benefits under any of the
following:
(1) any fund or plan established under Subchapter F or
H, Chapter 54, Education Code, including an interest in a prepaid
tuition contract;
(2) any fund or plan established under Subchapter G,
Chapter 54, Education Code, including an interest in a savings
trust account; or
(3) any qualified tuition program of any state that
meets the requirements of Section 529, Internal Revenue Code of
1986.
SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02611 to read as follows:
Sec. 32.02611. EXCLUSION OF COLLEGE SAVINGS PLANS. (a)
Except as provided by Subsection (b), in determining eligibility
and need for medical assistance, the department may not consider as
assets or resources a right to assets held in or a right to receive
payments or benefits under any of the following:
(1) any fund or plan established under Subchapter F or
H, Chapter 54, Education Code, including an interest in a prepaid
tuition contract;
(2) any fund or plan established under Subchapter G,
Chapter 54, Education Code, including an interest in a savings
trust account; or
(3) any qualified tuition program of any state that
meets the requirements of Section 529, Internal Revenue Code of
1986.
(b) In determining eligibility and need for medical
assistance for an applicant who may be eligible on the basis of the
applicant's eligibility for medical assistance for the aged, blind,
or disabled under 42 U.S.C. Section 1396a(10), as amended, the
department may consider as assets or resources a right to assets
held in or a right to receive payments or benefits under any fund,
plan, or tuition program described by Subsection (a).
(c) Notwithstanding Subsection (b), the department shall
seek a federal waiver authorizing the department to exclude, for
purposes of determining the eligibility of an applicant described
by that subsection, the right to assets held in or a right to
receive payments or benefits under any fund, plan, or tuition
program described by Subsection (a) if the fund, plan, or tuition
program was established before the 21st birthday of the beneficiary
of the fund, plan, or tuition program.
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 a
person who receives health benefits coverage under Chapter 62,
Health and Safety Code, financial assistance under Chapter 31,
Human Resources Code, or medical assistance under Chapter 32, Human
Resources Code, on or after the effective date of this Act,
regardless of the date on which eligibility for coverage or
assistance was initially determined.
SECTION 6. This Act takes effect September 1, 2009.