Tex. Health & Safety Code § 593.081 · Subchapter D. FEES
TRUST EXEMPTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the resident is the beneficiary of a trust that has an aggregate principal of $250,000 or less, the corpus or income of the trust for the purposes of this subchapter is not considered to be the property of the resident or the resident's estate, and is not liable for the resident's support, maintenance, and treatment regardless of the resident's age.
(b) To qualify for the exemption provided by Subsection (a), the trust must be created by a written instrument, and a copy of the trust instrument must be provided to the department.
(c) A trustee of the trust shall, on the department's request, provide to the department a current financial statement that shows the value of the trust estate.
(d) The department may petition a district court to order the trustee to provide a current financial statement if the trustee does not provide the statement before the 31st day after the date on which the department makes the request. The court shall hold a hearing on the department's petition not later than the 45th day after the date on which the petition is filed. The court shall order the trustee to provide to the department a current financial statement if the court finds that the trustee has failed to provide the statement.
(e) Failure of the trustee to comply with the court's order is punishable by contempt.
(f) For the purposes of this section, the following are not considered to be trusts and are not entitled to the exemption provided by this section:
(1) a guardianship administered under the Estates Code;
(2) a trust established under Chapter 142, Property Code;
(3) a facility custodial account established under Section 551.003;
(4) the provisions of a divorce decree or other court order relating to child support obligations;
(5) an administration of a decedent's estate; or
(6) an arrangement in which funds are held in the registry or by the clerk of a court.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 498, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1453, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 9, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.593.htm
- Text hash
- sha256 5a57ece69ed7672dbf2b6cf354ab4d7e90aea90e255eecd08aeba7996354cc2e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 593.081. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 534.0175TRUST EXEMPTION.Printed as Sections 552.018 and 593.081
- Tex. Health & Safety Code § 592.056NOTIFICATION OF TRUST EXEMPTION.Printed as Section 593.081
- Tex. Health & Safety Code § 593.078PAYMENT FOR ADULT RESIDENTS.Printed as Section 593.081
- Tex. Health & Safety Code § 593.080STATE CLAIMS FOR UNPAID FEES.Printed as Section 593.081
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.