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 Mar. 23, 2024).

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
31.0032
Payment of Assistance for Performance
31.032
Investigation and Determination of Eligibility
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
31.0036
Dependent Child’s Income
31.036
Eligibility of Person Leaving the State
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
31.039
Issuance of Replacement Financial Assistance Warrants and Electronic Benefits Transfer Cards
31.0039
Exclusion of Assets in Prepaid Tuition Programs and Higher Education Savings Plans
31.040
Nontransferability of Assistance Funds
31.0041
Supplemental Financial Assistance for Certain Persons
31.041
Right to Assistance Not Vested
31.042
Proration of Financial Assistance
31.043
Fill-the-gap Budgeting
31.044
Inactive Electronic Benefits Transfer Account
31.045
Peace Officers
31.0051
Minor Parent Residing with Relatives
31.051
Definition
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

Accessed:
Mar. 23, 2024

§ 31.0038’s source at texas​.gov