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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