| (a) In the TANF Program, the countable resources limit
is $1,000.
(b) Unless a resource is excluded under subsection
(c) of this section, the Texas Health and Human Services Commission
(HHSC) counts the resources of:
(1) the members of the certified group;
(2) each parent of a child in the certified group living
in the household and ineligible or disqualified from receiving TANF
benefits;
(3) each sibling of a dependent child in the certified
group living in the household and disqualified from receiving TANF
benefits; and
(4) the sponsors and the sponsors' spouses, for a household
containing a sponsored alien.
(c) HHSC excludes the following resources:
(1) the value of one prepaid burial insurance policy
or prepaid funeral plan per household member;
(2) one burial plot per household member;
(3) crime victim compensation funds;
(4) earned income tax credit payments to applicants
the month of receipt and the following month, and to recipients the
month of receipt and the following 11 months;
(5) the homestead and surrounding real property, including:
(A) any structure, including a houseboat or a motor
home, the household uses as its residence;
(B) surrounding real property divided by a public right-of-way
(such as a street or road) but not divided by real property owned
by others; and
(C) the homestead if it is temporarily unoccupied due
to employment, training for future employment, illness, casualty,
or natural disaster, as long as the household intends to return;
(6) resources HHSC determines are not accessible to
the household, including:
(A) jointly owned property as described for SNAP in
7 CFR §273.8(d); and
(B) trust funds as described for SNAP in 7 CFR §273.8(e)(8);
(7) business property, including property retained
for income-producing business purposes;
(8) vehicles used to transport a disabled household
member and property used to maintain such vehicles;
(9) the cash value of all life insurance policies;
(10) funds from the earned income of a child as described
in §372.404(2) of this subchapter (relating to Countable and
Excluded Income in TANF);
(11) personal possessions HHSC determines are essential
for daily living, such as clothing, jewelry, furniture, livestock,
and farm equipment;
(12) funds from a reimbursement intended for and actually
used in the month of receipt to repair or replace a lost or damaged
resource excluded under this section, but HHSC counts the funds from
such a reimbursement, beginning in the month after receipt, to the
extent the funds were not used as intended to repair or replace the
lost or damaged resource;
(13) federal, state, or local government payments provided
to rebuild a home or replace personal possessions damaged in a disaster,
including payments under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. §5121, et seq.), if the recipient
is subject to legal sanction if the payment is not used as intended;
(14) any resource federal law excludes;
(15) funds in a retirement account excluded under 7
U.S.C. §2014(g);
(16) funds in an education account excluded under 7
U.S.C. §2014(g);
(17) loans, if the circumstances satisfy HHSC that
there exists an understanding the money will be repaid, and the applicant
or recipient reasonably explains to HHSC how the money will be repaid;
(18) funds from educational assistance payments (but
only during the quarter, semester, or applicable period the payment
is intended to cover);
(19) the value of real property the household is making
a good faith effort to sell at a reasonable price;
(20) funds excluded under §372.355(d) of this
division (relating to Treatment of Resources in SNAP);
(21) funds excluded under §372.404(25) of this
subchapter;
(22) the fair market value of one automobile up to
$4,650; and
(23) funds held in a school-based account or bond as
described by §28.0024 of the Texas Education Code and authorized
by §31.0039 of the Texas Human Resources Code.
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| Source Note: The provisions of this §372.354 adopted to be effective September 1, 2009, 34 TexReg 5361; amended to be effective November 20, 2016, 41 TexReg 9009; amended to be effective February 26, 2023, 48 TexReg 837 |
