| (a) Definitions. The following words and terms when
used within this chapter shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Assets--All items of monetary value owned by an
individual, excluding personal possessions.
(2) Resources--Both liquid and non-liquid assets a
person can convert to meet his immediate needs. As established by
the department, resources are either countable or exempt.
(A) Liquid resources are resources that are readily
negotiable, such as cash, checking or savings accounts, savings certificates,
stocks, or bonds.
(B) Non-liquid resources include vehicles, buildings,
land, or certain other property.
(3) Accessible resource--A resource that is legally
available to the household.
(4) Inaccessible resource--A resource that is not legally
available to the household.
(5) Personal possessions--Furniture, appliances, jewelry,
clothing, livestock, farm equipment, and other items if the household
uses them to meet personal needs essential for daily living.
(6) Real property--Land and any improvements on it.
(7) Fair market value--The amount of money an item
would bring if sold in the current local market.
(8) Equity--The fair market value of an item minus
all money owed on it and the cost associated with its sale or transfer.
(b) Resource Limit. The total value of non-exempt resources
available to the household cannot exceed:
(1) $3,000 for households which include the applicant
or a relative living in the home who is aged or disabled; or
(2) $2,000 for all other households.
(c) The following criteria will be used to determine
the household's resource limit category.
(1) A related person is a person who meets the TANF
relationship criteria, either biologically or by adoption.
(2) An aged person is a person age 60 or older as of
the last day of the month for which benefits are being requested.
(3) A disabled person is a person who meets the TANF
disability criteria.
(d) In determining eligibility:
(1) a county must not consider the value of the applicant's
homestead;
(2) a county must consider as a resource the value
of a vehicle under department-established guidelines;
(3) if, within three months before application or any
time after certification, the household transfers title of a countable
resource for less than its fair market value to qualify for assistance,
the county must consider the household ineligible for the department-established
length of time. This penalty applies if the total of the transferred
resource added to other resources affects eligibility for assistance;
(4) a county must consider as a resource real property
other than a homestead and must count that property in determining
eligibility;
(5) a county may disregard the applicant's real property
if the applicant agrees to the terms of an enforceable obligation
negotiated with the county to reimburse the county for all or part
of the benefits received under the County Indigent Health Care Program;
and
(6) resources from non-household members and/or disqualified
household members are excluded, unless a county chooses to include
the resources of a person who executed an affidavit of support on
behalf of a sponsored alien, as defined at §14.104(a)(4) of this
title, and the resources of the person's spouse, as authorized by
Health and Safety Code, §61.008(a)(6).
(e) If a county chooses to include the resources of
a person who executed an affidavit of support on behalf of a sponsored
alien and the resources of the person's spouse, the county shall adopt
written procedures for processing the resources of the sponsor and
the sponsor's spouse.
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| Source Note: The provisions of this §363.59 adopted to be effective April 1, 2004, 29 TexReg 3177; amended to be effective February 28, 2008, 33 TexReg 1549; amended to be effective November 13, 2012, 37 TexReg 8975; transferred effective March 1, 2022, as published in the Texas Register February 11, 2022, 47 TexReg 673 |
