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  80R2327 CLG-D
 
  By: Menendez H.B. No. 2064
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of income in determining eligibility for
services provided to certain functionally disabled individuals
through the community attendant services program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 32.061, Human Resources Code, is amended
to read as follows:
       Sec. 32.061.  COMMUNITY ATTENDANT SERVICES PROGRAM. (a) Any
home and community-based services that the department provides
under Section 1929, Social Security Act (42 U.S.C. Section 1396t)
and its subsequent amendments to functionally disabled individuals
who have income that exceeds the limit established by federal law
for Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et
seq.) and its subsequent amendments shall be provided through the
community attendant services program.
       (b)  In determining an applicant's eligibility for home and
community-based services described by Subsection (a), the
department shall exclude $20 of unearned or earned income from the
applicant's monthly income.
       SECTION 2.  If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
       SECTION 3.  This Act takes effect September 1, 2007.