| 1 | 1 | | 84R9727 JSL-F |
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| 2 | 2 | | By: Menéndez S.B. No. 1321 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to asset exclusions in the determination of eligibility |
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| 8 | 8 | | for financial assistance benefits for certain persons. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 31.0321 to read as follows: |
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| 12 | 12 | | Sec. 31.0321. DETERMINATION OF ELIGIBILITY OF GRANDPARENTS |
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| 13 | 13 | | OF DEPENDENT CHILD. (a) This section applies only to a grandparent |
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| 14 | 14 | | seeking or receiving financial assistance benefits under this |
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| 15 | 15 | | subchapter on behalf of a dependent child. |
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| 16 | 16 | | (b) Notwithstanding Section 31.032, in determining whether |
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| 17 | 17 | | the dependent child of a person to whom this section applies is |
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| 18 | 18 | | eligible for assistance authorized under this chapter, the |
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| 19 | 19 | | department shall exclude from the person's available resources: |
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| 20 | 20 | | (1) $5,000 for the applicant's household; and |
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| 21 | 21 | | (2) the fair market value of the applicant's ownership |
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| 22 | 22 | | interest in a motor vehicle, but not more than $7,000 plus or minus |
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| 23 | 23 | | an amount to be determined annually by rule beginning on October 1, |
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| 24 | 24 | | 2016, to reflect changes in the new car component of the Consumer |
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| 25 | 25 | | Price Index for All Urban Consumers published by the Bureau of Labor |
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| 26 | 26 | | Statistics. |
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| 27 | 27 | | (c) In addition to the increase authorized by Subsection |
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| 28 | 28 | | (b)(2), the amounts under Subsection (b) to be excluded from the |
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| 29 | 29 | | available resources of a person to whom this section applies may be |
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| 30 | 30 | | increased by rule. |
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| 31 | 31 | | SECTION 2. The changes in law made by this Act apply to an |
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| 32 | 32 | | initial determination or redetermination of eligibility of a person |
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| 33 | 33 | | for financial assistance under Chapter 31, Human Resources Code, |
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| 34 | 34 | | that is made on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. If before implementing any provision of this Act |
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| 36 | 36 | | a state agency determines that a waiver or authorization from a |
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| 37 | 37 | | federal agency is necessary for implementation of that provision, |
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| 38 | 38 | | the agency affected by the provision shall request the waiver or |
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| 39 | 39 | | authorization and may delay implementing that provision until the |
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| 40 | 40 | | waiver or authorization is granted. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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