Texas Senate Bill SB1184

Texas 2019 - 86th Regular

Caption

Relating to eligible participants in the Texas Achieving a Better Life Experience (ABLE) Program.

Impact

The implications of SB1184 on state laws are significant as it broadens the scope of participation in the ABLE program. By allowing custodians and legal guardians to take an active role in managing accounts for individuals who lack the capacity to do so, the bill aims to create a more inclusive environment that acknowledges the varying needs of beneficiaries. This modification aligns with federal guidelines under Section 529A of the Internal Revenue Code, ensuring compliance while simultaneously promoting greater financial independence and support for impacted individuals.

Summary

SB1184 aims to amend the Texas Achieving a Better Life Experience (ABLE) program by modifying the criteria for eligible participants. Specifically, the bill allows the parent, legal guardian, or custodian of a designated beneficiary, who is unable to exercise signature authority over their account, to serve as the participant in the program. This adjustment is intended to enhance the accessibility and utility of the ABLE program for individuals who may require additional support with financial management.

Sentiment

The general sentiment surrounding SB1184 is positive, with broad bipartisan support seen during the voting process. The bill passed in both the Senate and the House with overwhelming majorities, indicating that legislators view the measures as beneficial for families and individuals utilizing the ABLE program. The thoughtful provision for those who need custodial support reflects a commitment to enhancing the welfare of people with disabilities and ensuring their rights to effective financial management.

Contention

While there was support for SB1184, some points of contention arose around the implications of custodianship and the potential for abuse in financial management roles. Concerns were raised about ensuring the integrity of accounts and the need for oversight to prevent exploitation. However, these issues were generally addressed through discussions emphasizing the importance of responsible management and fiduciary duty. The bill's passage suggests a prevailing agreement on the need for these changes to improve financial accessibility for disabled individuals.