(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.

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