Section 372.354 - Treatment of Resources in TANF(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.1 Tex. Admin. Code § 372.354
The provisions of this §372.354 adopted to be effective September 1, 2009, 34 TexReg 5361; Amended by Texas Register, Volume 41, Number 46, November 11, 2016, TexReg 9010, eff. 11/20/2016; Amended by Texas Register, Volume 48, Number 07, February 17, 2023, TexReg 0837, eff. 2/26/2023