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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain resources in determining |
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eligibility for the financial assistance, medical assistance, and |
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food stamp programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.032(d), Human Resources Code, is |
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amended to read as follows: |
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(d) In determining whether an applicant is eligible for |
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assistance, the department shall exclude from the applicant's |
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available resources: |
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(1) $1,000 for the applicant's household, including a |
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household in which there is a person with a disability or a person |
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who is at least 60 years of age; [and] |
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(2) the fair market value of each motor vehicle: |
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(A) in which the applicant or any other person in |
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the applicant's household has an ownership interest; and |
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(B) the fair market value of which is less than |
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$4,650; |
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(3) each motor vehicle that may be excluded under 7 |
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C.F.R. Section 273.8(e)(3); |
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(4) the fair market value of the motor vehicle, other |
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than a motor vehicle that is excluded, or the value of which is |
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excluded, under Subdivision (2) or (3): |
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(A) in which the applicant or any other person in |
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the applicant's household has an ownership interest; and |
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(B) that has the greatest fair market value as |
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compared to each other motor vehicle in which the applicant or any |
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other person in the applicant's household has an ownership |
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interest; and |
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(5) with respect to each motor vehicle in which the |
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applicant has an ownership interest, other than the motor vehicles |
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that are otherwise excluded, or the values of which are otherwise |
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excluded, under this subsection, the greater of: |
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(A) the difference between the fair market value |
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of the motor vehicle and the value of the applicant's equity in the |
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motor vehicle; or |
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(B) $4,650 [in a motor vehicle, but not more than
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the amount determined according to the following schedule:
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[(A)
$4,550 on or after September 1, 1995, but
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before October 1, 1995;
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[(B)
$4,600 on or after October 1, 1995, but
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before October 1, 1996;
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[(C)
$5,000 on or after October 1, 1996, but
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before October 1, 1997; and
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[(D)
$5,000 plus or minus an amount to be
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determined annually beginning on October 1, 1997, to reflect
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changes in the new car component of the Consumer Price Index for All
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Urban Consumers published by the Bureau of Labor Statistics]. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0265 to read as follows: |
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Sec. 32.0265. DETERMINATION OF RESOURCES: MOTOR VEHICLE |
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ALLOWANCES. (a) To the extent allowed by federal law and except as |
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provided by Subsection (b), for purposes of determining whether a |
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person meets the resource requirements for eligibility for medical |
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assistance, the department shall exclude from the person's |
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resources the motor vehicle allowances that would be excluded under |
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Section 31.032(d) if the person were an applicant for financial |
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assistance. |
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(b) Subsection (a) does not apply in determining the |
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eligibility of a person for medical assistance if a less |
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restrictive provision relating to motor vehicle allowances would |
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otherwise apply in determining the person's eligibility for a |
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specific category of medical assistance. |
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SECTION 3. Chapter 33, Human Resources Code, is amended by |
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adding Section 33.014 to read as follows: |
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Sec. 33.014. DETERMINATION OF RESOURCES: MOTOR VEHICLE |
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ALLOWANCES. For purposes of determining whether a person meets the |
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resource requirements for eligibility for food stamps, the |
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department shall exclude from the person's resources the motor |
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vehicle allowances that would be excluded under Section 31.032(d) |
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if the person were an applicant for financial assistance. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. The changes in law made by this Act apply to an |
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initial determination or redetermination of eligibility of a person |
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for financial assistance under Chapter 31, Human Resources Code, |
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medical assistance under Chapter 32, Human Resources Code, or the |
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food stamp program under Chapter 33, Human Resources Code, that is |
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made on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2009. |