1-1 By: Clemons (Senate Sponsor - Haley) H.B. No. 367 1-2 (In the Senate - Received from the House April 5, 1993; 1-3 April 5, 1993, read first time and referred to Committee on Health 1-4 and Human Services; April 28, 1993, reported favorably by the 1-5 following vote: Yeas 7, Nays 0; April 28, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Zaffirini x 1-9 Ellis x 1-10 Madla x 1-11 Moncrief x 1-12 Nelson x 1-13 Patterson x 1-14 Shelley x 1-15 Truan x 1-16 Wentworth x 1-17 A BILL TO BE ENTITLED 1-18 AN ACT 1-19 relating to income considered in determining the fee for services 1-20 provided by a community center. 1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-22 SECTION 1. Subchapter A, Chapter 534, Health and Safety 1-23 Code, is amended by adding Section 534.0175 to read as follows: 1-24 Sec. 534.0175. TRUST EXEMPTION. (a) If a client is the 1-25 beneficiary of a trust that has an aggregate principal of $50,000 1-26 or less, the corpus or income of the trust is not considered to be 1-27 the property of the client or the client's estate and is not liable 1-28 for the client's support. If the aggregate principal of the trust 1-29 exceeds $50,000, only the portion of the corpus of the trust that 1-30 exceeds that amount and the income attributable to that portion are 1-31 considered to be the property of the client or the client's estate 1-32 and are liable for the client's support. 1-33 (b) To qualify for the exemption provided by Subsection (a), 1-34 the trust and the trustee must comply with the requirements 1-35 prescribed by Sections 552.018 and 593.081. 1-36 SECTION 2. This Act takes effect September 1, 1993, and 1-37 applies only to charges for services provided on or after that 1-38 date. Charges for services provided before that date are covered 1-39 by the law in effect when the services were provided, and that law 1-40 is continued in effect for that purpose. 1-41 SECTION 3. The importance of this legislation and the 1-42 crowded condition of the calendars in both houses create an 1-43 emergency and an imperative public necessity that the 1-44 constitutional rule requiring bills to be read on three several 1-45 days in each house be suspended, and this rule is hereby suspended. 1-46 * * * * * 1-47 Austin, 1-48 Texas 1-49 April 28, 1993 1-50 Hon. Bob Bullock 1-51 President of the Senate 1-52 Sir: 1-53 We, your Committee on Health and Human Services to which was 1-54 referred H.B. No. 367, have had the same under consideration, and I 1-55 am instructed to report it back to the Senate with the 1-56 recommendation that it do pass and be printed. 1-57 Zaffirini, 1-58 Chair 1-59 * * * * * 1-60 WITNESSES 1-61 FOR AGAINST ON 1-62 ___________________________________________________________________ 1-63 Name: Carlotte Provencher x 1-64 Representing: Tx Alliance for the Mentally 1-65 City: Austin 1-66 ------------------------------------------------------------------- 1-67 Name: Barrett Markland x 1-68 Representing: Advocacy, Inc. 2-1 City: Austin 2-2 ------------------------------------------------------------------- 2-3 Name: Mike Bright x 2-4 Representing: Asso. For Retarded Citizens/Tx 2-5 City: Austin 2-6 -------------------------------------------------------------------