Sec. 31.0039. EXCLUSION OF ASSETS IN PREPAID TUITION PROGRAMS AND HIGHER EDUCATION SAVINGS PLANS. (a) For purposes of determining the amount of financial assistance granted to an individual under this chapter for the support of dependent children or determining whether the family meets household income and resource requirements for financial assistance under this chapter, the commission may not consider the right to assets held in or the right to receive payments or benefits under:
(1) any fund or plan established under Subchapter G, H, or I, Chapter 54, Education Code, including an interest in a savings trust account, prepaid tuition contract, or related matching account;
(2) any qualified tuition program of any state that meets the requirements of Section 529, Internal Revenue Code of 1986; or
(3) any school-based account or bond described by Section 28.0024(b)(2), Education Code.
(b) The amount of exclusion under Subsection (a)(3) of assets held in or the right to receive payments or benefits under a school-based account or bond described by Section 28.0024(b)(2)(C), (D), or (E), Education Code, is limited to the amount of the cost of undergraduate resident tuition and required fees for one academic year consisting of 30 semester credit hours charged by the general academic teaching institution with the highest such tuition and fee costs for the most recent academic year, as determined by the Texas Higher Education Coordinating Board under Section 54.753, Education Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 8, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.048, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1265 (H.B. 3987), Sec. 3, eff. June 20, 2015.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle C - Assistance Programs
Chapter 31 - Financial Assistance and Service Programs
Subchapter A. Eligibility for Financial Assistance and Services
Section 31.001. Temporary Assistance for Needy Families
Section 31.002. Definition of Dependent Child
Section 31.0021. Definition of Nonrecipient Parent
Section 31.003. Amount of Financial Assistance
Section 31.0031. Responsibility Agreement
Section 31.0032. Payment of Assistance for Performance
Section 31.0033. Good Cause Hearing for Failure to Cooperate
Section 31.00331. Additional Penalty for Continuous Failure to Cooperate
Section 31.0035. Transitional Child-Care Services
Section 31.0036. Dependent Child's Income
Section 31.0038. Temporary Exclusion of New Spouse's Income
Section 31.0039. Exclusion of Assets in Prepaid Tuition Programs and Higher Education Savings Plans
Section 31.0041. Supplemental Financial Assistance for Certain Persons
Section 31.005. Dependent Child Residing With Relatives
Section 31.0051. Minor Parent Residing With Relatives
Section 31.006. Welfare and Related Services
Section 31.0065. Time-Limited Benefits
Section 31.0066. Hardship Exemptions From Federal Time Limits
Section 31.007. Financial Assistance to Individuals in Institutions
Section 31.008. Counseling and Guidance Services
Section 31.0095. Needs Assessment
Section 31.010. Support Services
Section 31.0124. Referral to Educational Programs
Section 31.0126. Employment Programs
Section 31.01261. Provision of Employment Services to Certain Nonrecipient Parents
Section 31.0127. Coordination of Services to Certain Clients
Section 31.0128. Coordinated Interagency Plan
Section 31.0129. Coordinated Plan to Improve Interagency Transitions
Section 31.0135. Parenting Skills Training
Section 31.015. Healthy Marriage Development Program
Section 31.016. Service Referrals for Certain Recipients
Section 31.017. Healthy Marriages and Strong Families Grant Program