Texas 2025 - 89th Regular

Texas House Bill HB5302 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Schatzline H.B. No. 5302
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the establishment of the Texas Foster Care Post
7	9		Adoption Assistance Account Program.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 162, Family Code, is amended by adding
10	12		Subchapter I to read as follows:
11	13		SUBCHAPTER I. TEXAS POST ADOPTION ASSISTANCE ACCOUNT PROGRAM
12	14		Sec. 162.751. DEFINITIONS. In this subchapter:
13	15		(1) "Post adoption assistance account" means a Texas
14	16		Foster Care Post Adoption Assistance Account provided under Section
15	17		162.759.
16	18		(2) "Certified organization" means an organization
17	19		certified under Section 162.753.
18	20		(3) "Eligible parent" means a parent who meets the
19	21		requirements of Section 162.757.
20	22		(4) "Program account" means money required to be
21	23		distributed as provided by Section 162.755(a)(5)(A).
22	24		Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
23	25		PURPOSE. The comptroller shall establish and administer the Texas
24	26		Foster Care Post Adoption Assistance Account Program for the
25	27		purpose of encouraging the adoption of Texas children waiting for
26	28		adoption in the Texas foster care system by providing adoptive
27	29		parents with private sector and public assistance with post
28	30		adoption-related expenses.
29	31		Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
30	32		PARTICIPATION IN PROGRAM. (a) The comptroller shall select and
31	33		certify organizations that meet the eligibility requirements of
32	34		Section 162.754 to participate in the Texas Foster Care Post
33	35		Adoption Assistance Account Program.
34	36		(b) A certified organization may solicit and accept
35	37		donations and award post adoption assistance grants in this state
36	38		under the conditions and limitations provided by this subchapter.
37	39		(c) The comptroller shall solicit applications and select
38	40		and approve new certified organizations on an ongoing basis to meet
39	41		the needs in this state.
40	42		Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
41	43		APPLYING FOR CERTIFICATION. (a) An organization may apply to the
42	44		comptroller for certification under Section 162.753.
43	45		(b) An organization is eligible for certification by the
44	46		comptroller only if:
45	47		(1) the organization is exempt from federal tax under
46	48		Section 501(a), Internal Revenue Code of 1986, by being listed as an
47	49		exempt organization in Section 501(c)(3) of that code and meeting
48	50		all other applicable requirements for that exemption;
49	51		(2) the organization's mission includes providing
50	52		services or other assistance to families, women, or children; and
51	53		(3) the organization agrees to, if certified:
52	54		(A) in partnership with the state, assist
53	55		eligible parents with the payment of post adoption-related
54	56		expenses; and
55	57		(B) be independently audited on an annual basis
56	58		and file the audit report with the comptroller.
57	59		Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
58	60		A certified organization shall:
59	61		(1) comply at all times with the eligibility
60	62		requirements under Section 162.754(b);
61	63		(2) submit to an annual independent audit under
62	64		guidelines provided by the comptroller and file the audit report
63	65		with the comptroller;
64	66		(3) distribute all program money in the manner
65	67		provided by Section 162.759;
66	68		(4) give each donor a receipt for money donated to the
67	69		certified organization that includes the name of the certified
68	70		organization, the name of the donor, the amount of the donation, and
69	71		any other information required by the comptroller; and
70	72		(5) of the amount of money received from donations
71	73		made by donors for the purpose of providing post adoption
72	74		assistance:
73	75		(A) distribute not less than 97 percent in the
74	76		form of post adoption assistance accounts; and
75	77		(B) use not more than three percent to pay
76	78		expenses of operating the organization.
77	79		(b) A certified organization may not provide post adoption
78	80		assistance accounts in a manner that does not comply with Section
79	81		162.759.
80	82		Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller
81	83		shall revoke a certification under Section 162.753 if the
82	84		comptroller finds that a certified organization:
83	85		(1) is not in compliance with the requirements of
84	86		Section 162.755; or
85	87		(2) otherwise intentionally and substantially
86	88		violates this subchapter.
87	89		Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
88	90		for a post adoption assistance account if the person:
89	91		(1) resides in this state on the date the post adoption
90	92		assistance account is established;
91	93		(2) is an adoptive parent under an adoption order
92	94		granted under Section 162.016 of a child who is younger than 18
93	95		years old on September 1 of the state fiscal year in which the post
94	96		adoption assistance account is established;
95	97		(3) is an adoptive parent of a child who is adopted out
96	98		of the Texas state foster care system;
97	99		(4) continues to reside in the state of Texas for more
98	100		than six months out of each calendar year that the post adoption
99	101		assistance account is utilized;
100	102		(5) ends the adopted child's post adoption assistance
101	103		account when the child turns eighteen or acquires a G.E.D. or High
102	104		School Diploma;
103	105		(6) carries over no more than 50% of the yearly
104	106		assistant account balance each year;
105	107		(7) uses the assistant account for approved
106	108		expenditures;
107	109		(8) alerts the certified organization if the family is
108	110		no longer eligible for the assistant account.
109	111		Sec. 162.758. MAXIMUM AMOUNT OF YEARLY ACCOUNT. The
110	112		maximum amount of a post adoption assistance account to be accessed
111	113		per year is:
112	114		(1) $2,000 for a child for which an eligible parent or
113	115		parents has adopted one child from the Texas foster care system;
114	116		(2) $1500 for each child in a family for which an
115	117		eligible parent or parents has adopted more than one child or
116	118		sibling group from the Texas foster care system.
117	119		Sec. 162.759. APPLICATION; ELIGIBLE USE; ESTABLISHMENT OF
118	120		ASSISTANT ACCOUNTS. Each state fiscal year, a certified
119	121		organization shall credit each post adoption assistance account, as
120	122		determined by the organization based on available funds, to
121	123		eligible parents who apply to the comptroller in the manner
122	124		prescribed by comptroller rule for the following use:
123	125		(1) post adoption behavioral therapies, psychological
124	126		therapies, specialized tutoring;
125	127		(2) transportation to visit non adopted siblings and
126	128		biological family members;
127	129		(3) expenses related to supporting open adoption
128	130		agreements;
129	131		(4) therapeutic summer camps and retreats;
130	132		(5) equine and music therapies;
131	133		(6) respite;
132	134		(7) transportation to therapeutic activities
133	135		(8) other therapeutic therapies and activities.
134	136		Sec. 162.760. STATE MATCHING FUNDS. A certified
135	137		organization that provides money for a post adoption assistance
136	138		accounts under this subchapter is entitled to state matching funds
137	139		to be used by the certified organization as additional money for the
138	140		assistance accounts. If the comptroller determines that the amount
139	141		appropriated to the comptroller for a state fiscal year is not
140	142		sufficient to match all assistance accounts under this subchapter,
141	143		the comptroller shall continue to perform the comptroller's other
142	144		duties under this subchapter without matching assistance accounts
143	145		by a certified organization.
144	146		Sec. 162.761. RULES; PROCEDURES. The comptroller shall
145	147		adopt rules and procedures to implement, administer, and enforce
146	148		this subchapter.
147	149		SECTION 2. This Act takes effect September 1, 2025.