Tex. Human Resources Code Section 31.0038
Temporary Exclusion of New Spouse’s Income

(a)

Subject to the limitations prescribed by Subsection (b), income earned by an individual who marries an individual receiving financial assistance at the time of the marriage may not be considered by the commission during the six-month period following the date of the marriage for purposes of determining:

(1)

the amount of financial assistance granted to an individual under this chapter for the support of dependent children; or

(2)

whether the family meets household income and resource requirements for financial assistance under this chapter.

(b)

To be eligible for the income disregard provided by Subsection (a), the combined income of the individual receiving financial assistance and the new spouse cannot exceed 200 percent of the federal poverty level for their family size.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.89, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.047, eff. April 2, 2015.

Source: Section 31.0038 — Temporary Exclusion of New Spouse's Income, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­31.­htm#31.­0038 (accessed May 26, 2025).

31.001
Temporary Assistance for Needy Families 31.002
Definition of Dependent Child 31.003
Amount of Financial Assistance 31.004
Foster Care 31.005
Dependent Child Residing with Relatives 31.006
Welfare and Related Services 31.007
Financial Assistance to Individuals in Institutions 31.008
Counseling and Guidance Services 31.010
Support Services 31.012
Mandatory Work or Participation in Employment Activities Through Temporary Assistance for Needy Families Employment Program 31.015
Healthy Marriage Development Program 31.016
Service Referrals for Certain Recipients 31.017
Healthy Marriages and Strong Families Grant Program 31.018
Marriage and Family Program Funding 31.0021
Definition of Nonrecipient Parent 31.0031
Responsibility Agreement 31.031
Application for Assistance 31.032
Investigation and Determination of Eligibility 31.0032
Payment of Assistance for Performance 31.0033
Good Cause Hearing for Failure to Cooperate 31.033
Reinvestigation and Redetermination of Eligibility 31.034
Appeal from Local Eligibility Offices 31.035
Method of Payment 31.0035
Transitional Child-care Services 31.036
Eligibility of Person Leaving the State 31.0036
Dependent Child’s Income 31.037
Payment of Financial Assistance Funds on Death of Recipient 31.0038
Temporary Exclusion of New Spouse’s Income 31.038
Cancellation of Unused Benefits 31.0039
Exclusion of Assets in Prepaid Tuition Programs and Higher Education Savings Plans 31.039
Issuance of Replacement Financial Assistance Warrants and Electronic Benefits Transfer Cards 31.040
Nontransferability of Assistance Funds 31.041
Right to Assistance Not Vested 31.0041
Supplemental Financial Assistance for Certain Persons 31.042
Proration of Financial Assistance 31.043
Fill-the-gap Budgeting 31.044
Inactive Electronic Benefits Transfer Account 31.045
Peace Officers 31.051
Definition 31.0051
Minor Parent Residing with Relatives 31.052
Limitation on Amount of Financial Assistance 31.053
Determination by Legislative Budget Board 31.0065
Time-limited Benefits 31.0066
Hardship Exemptions from Federal Time Limits 31.0095
Needs Assessment 31.0121
Skills Assessment and Development for Certain Recipients and Certain Nonrecipient Parents 31.0124
Referral to Educational Programs 31.0126
Employment Programs 31.0127
Coordination of Services to Certain Clients 31.0128
Coordinated Interagency Plan 31.0129
Coordinated Plan to Improve Interagency Transitions 31.0135
Parenting Skills Training 31.0315
Determination of Parentage 31.0322
Victims of Family Violence 31.0324
Assignment of Protective Payee 31.0326
Verification of Identity and Prevention of Duplicate Participation 31.00331
Additional Penalty for Continuous Failure to Cooperate 31.0355
Use of Financial Assistance 31.01261
Provision of Employment Services to Certain Nonrecipient Parents
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 31.0038. Temporary Exclusion of New Spouse's Income's source at texas​.gov