1-1                                   AN ACT

 1-2     relating to the establishment of trusts for certain recipients of

 1-3     medical assistance.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 101, Human Resources Code,

 1-6     is amended by adding Section 101.031 to read as follows:

 1-7           Sec. 101.031.  TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL

 1-8     ASSISTANCE.  (a)  An area agency on aging may contract with one or

 1-9     more private attorneys to establish trusts described by 42 U.S.C.

1-10     Section 1396p(d)(4)(B) for the benefit of recipients of medical

1-11     assistance under Chapter 32 who, without the establishment of these

1-12     trusts, would become ineligible for medical assistance.

1-13           (b)  The department shall allocate available state funds to

1-14     the area agencies on aging for use in contracting for the

1-15     establishment of trusts under Subsection (a).

1-16           SECTION 2.  This Act takes effect September 1, 1997.

1-17           SECTION 3.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 446 was passed by the House on April

         11, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 446 was passed by the Senate on May

         21, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor