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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 college savings plan assets |
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and benefits from eligibility determination for certain public |
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assistance programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 62, Health and Safety |
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Code, is amended by adding Section 62.1012 to read as follows: |
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Sec. 62.1012. EXCLUSION OF COLLEGE SAVINGS PLANS. For |
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purposes of determining whether a child meets family income and |
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resource requirements for eligibility for the child health plan, |
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the commission may not consider as income or resources a right to |
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assets held in or a right to receive payments or benefits under any |
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of the following: |
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(1) any fund or plan established under Subchapter F or |
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H, Chapter 54, Education Code, including an interest in a prepaid |
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tuition contract; |
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(2) any fund or plan established under Subchapter G, |
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Chapter 54, Education Code, including an interest in a savings |
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trust account; or |
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(3) any qualified tuition program of any state that |
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meets the requirements of Section 529, Internal Revenue Code of |
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1986. |
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SECTION 2. Subchapter A, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0039 to read as follows: |
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Sec. 31.0039. EXCLUSION OF COLLEGE SAVINGS PLANS. For |
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purposes of determining the amount of financial assistance granted |
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to an individual under this chapter for the support of dependent |
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children or determining whether the family meets household income |
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and resource requirements for financial assistance under this |
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chapter, the department may not consider the right to assets held in |
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or the right to receive payments or benefits under any of the |
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following: |
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(1) any fund or plan established under Subchapter F or |
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H, Chapter 54, Education Code, including an interest in a prepaid |
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tuition contract; |
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(2) any fund or plan established under Subchapter G, |
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Chapter 54, Education Code, including an interest in a savings |
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trust account; or |
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(3) any qualified tuition program of any state that |
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meets the requirements of Section 529, Internal Revenue Code of |
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1986. |
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SECTION 3. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02611 to read as follows: |
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Sec. 32.02611. EXCLUSION OF COLLEGE SAVINGS PLANS. (a) |
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Except as provided by Subsection (b), in determining eligibility |
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and need for medical assistance, the department may not consider as |
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assets or resources a right to assets held in or a right to receive |
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payments or benefits under any of the following: |
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(1) any fund or plan established under Subchapter F or |
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H, Chapter 54, Education Code, including an interest in a prepaid |
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tuition contract; |
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(2) any fund or plan established under Subchapter G, |
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Chapter 54, Education Code, including an interest in a savings |
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trust account; or |
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(3) any qualified tuition program of any state that |
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meets the requirements of Section 529, Internal Revenue Code of |
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1986. |
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(b) In determining eligibility and need for medical |
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assistance for an applicant who may be eligible on the basis of the |
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applicant's eligibility for medical assistance for the aged, blind, |
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or disabled under 42 U.S.C. Section 1396a(10), as amended, the |
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department may consider as assets or resources a right to assets |
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held in or a right to receive payments or benefits under any fund, |
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plan, or tuition program described by Subsection (a). |
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(c) Notwithstanding Subsection (b), the department shall |
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seek a federal waiver authorizing the department to exclude, for |
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purposes of determining the eligibility of an applicant described |
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by that subsection, the right to assets held in or a right to |
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receive payments or benefits under any fund, plan, or tuition |
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program described by Subsection (a) if the fund, plan, or tuition |
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program was established before the 21st birthday of the beneficiary |
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of the fund, plan, or tuition program. |
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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 a |
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person who receives health benefits coverage under Chapter 62, |
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Health and Safety Code, financial assistance under Chapter 31, |
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Human Resources Code, or medical assistance under Chapter 32, Human |
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Resources Code, on or after the effective date of this Act, |
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regardless of the date on which eligibility for coverage or |
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assistance was initially determined. |
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SECTION 6. This Act takes effect September 1, 2009. |