1-1 By: Farabee (Senate Sponsor - Moncrief) H.B. No. 1316
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Health
1-4 and Human Services; May 11, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 1; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the consideration of a trust as property liable for the
1-9 support of clients at mental health community centers or patients
1-10 at state hospitals.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 534.0175(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) If a client is the beneficiary of a trust that has an
1-15 aggregate principal of $250,000 [$50,000] or less, the corpus or
1-16 income of the trust is not considered to be the property of the
1-17 client or the client's estate and is not liable for the client's
1-18 support. If the aggregate principal of the trust exceeds $250,000
1-19 [$50,000], only the portion of the corpus of the trust that exceeds
1-20 that amount and the income attributable to that portion are
1-21 considered to be the property of the client or the client's estate
1-22 and are liable for the client's support.
1-23 SECTION 2. Section 552.018(a), Health and Safety Code, is
1-24 amended to read as follows:
1-25 (a) If a patient is the beneficiary of a trust that has an
1-26 aggregate principal of $250,000 [$50,000] or less, the corpus or
1-27 income of the trust is not considered to be the property of the
1-28 patient or the patient's estate and is not liable for the patient's
1-29 support. If the aggregate principal of the trust exceeds $250,000
1-30 [$50,000], only the portion of the corpus of the trust that exceeds
1-31 that amount and the income attributable to that portion are
1-32 considered to be the property of the patient or the patient's
1-33 estate and are liable for the patient's support.
1-34 SECTION 3. This Act takes effect immediately if it receives
1-35 a vote of two-thirds of all the members elected to each house, as
1-36 provided by Section 39, Article III, Texas Constitution. If this
1-37 Act does not receive the vote necessary for immediate effect, this
1-38 Act takes effect September 1, 2001.
1-39 * * * * *