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
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