By: Schatzline H.B. No. 5302
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Foster Care Post
Adoption Assistance Account Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 162, Family Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. TEXAS POST ADOPTION ASSISTANCE ACCOUNT PROGRAM
Sec. 162.751. DEFINITIONS. In this subchapter:
(1) "Post adoption assistance account" means a Texas
Foster Care Post Adoption Assistance Account provided under Section
162.759.
(2) "Certified organization" means an organization
certified under Section 162.753.
(3) "Eligible parent" means a parent who meets the
requirements of Section 162.757.
(4) "Program account" means money required to be
distributed as provided by Section 162.755(a)(5)(A).
Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
PURPOSE. The comptroller shall establish and administer the Texas
Foster Care Post Adoption Assistance Account Program for the
purpose of encouraging the adoption of Texas children waiting for
adoption in the Texas foster care system by providing adoptive
parents with private sector and public assistance with post
adoption-related expenses.
Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
PARTICIPATION IN PROGRAM. (a) The comptroller shall select and
certify organizations that meet the eligibility requirements of
Section 162.754 to participate in the Texas Foster Care Post
Adoption Assistance Account Program.
(b) A certified organization may solicit and accept
donations and award post adoption assistance grants in this state
under the conditions and limitations provided by this subchapter.
(c) The comptroller shall solicit applications and select
and approve new certified organizations on an ongoing basis to meet
the needs in this state.
Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
APPLYING FOR CERTIFICATION. (a) An organization may apply to the
comptroller for certification under Section 162.753.
(b) An organization is eligible for certification by the
comptroller only if:
(1) the organization is exempt from federal tax under
Section 501(a), Internal Revenue Code of 1986, by being listed as an
exempt organization in Section 501(c)(3) of that code and meeting
all other applicable requirements for that exemption;
(2) the organization's mission includes providing
services or other assistance to families, women, or children; and
(3) the organization agrees to, if certified:
(A) in partnership with the state, assist
eligible parents with the payment of post adoption-related
expenses; and
(B) be independently audited on an annual basis
and file the audit report with the comptroller.
Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
A certified organization shall:
(1) comply at all times with the eligibility
requirements under Section 162.754(b);
(2) submit to an annual independent audit under
guidelines provided by the comptroller and file the audit report
with the comptroller;
(3) distribute all program money in the manner
provided by Section 162.759;
(4) give each donor a receipt for money donated to the
certified organization that includes the name of the certified
organization, the name of the donor, the amount of the donation, and
any other information required by the comptroller; and
(5) of the amount of money received from donations
made by donors for the purpose of providing post adoption
assistance:
(A) distribute not less than 97 percent in the
form of post adoption assistance accounts; and
(B) use not more than three percent to pay
expenses of operating the organization.
(b) A certified organization may not provide post adoption
assistance accounts in a manner that does not comply with Section
162.759.
Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller
shall revoke a certification under Section 162.753 if the
comptroller finds that a certified organization:
(1) is not in compliance with the requirements of
Section 162.755; or
(2) otherwise intentionally and substantially
violates this subchapter.
Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
for a post adoption assistance account if the person:
(1) resides in this state on the date the post adoption
assistance account is established;
(2) is an adoptive parent under an adoption order
granted under Section 162.016 of a child who is younger than 18
years old on September 1 of the state fiscal year in which the post
adoption assistance account is established;
(3) is an adoptive parent of a child who is adopted out
of the Texas state foster care system;
(4) continues to reside in the state of Texas for more
than six months out of each calendar year that the post adoption
assistance account is utilized;
(5) ends the adopted child's post adoption assistance
account when the child turns eighteen or acquires a G.E.D. or High
School Diploma;
(6) carries over no more than 50% of the yearly
assistant account balance each year;
(7) uses the assistant account for approved
expenditures;
(8) alerts the certified organization if the family is
no longer eligible for the assistant account.
Sec. 162.758. MAXIMUM AMOUNT OF YEARLY ACCOUNT. The
maximum amount of a post adoption assistance account to be accessed
per year is:
(1) $2,000 for a child for which an eligible parent or
parents has adopted one child from the Texas foster care system;
(2) $1500 for each child in a family for which an
eligible parent or parents has adopted more than one child or
sibling group from the Texas foster care system.
Sec. 162.759. APPLICATION; ELIGIBLE USE; ESTABLISHMENT OF
ASSISTANT ACCOUNTS. Each state fiscal year, a certified
organization shall credit each post adoption assistance account, as
determined by the organization based on available funds, to
eligible parents who apply to the comptroller in the manner
prescribed by comptroller rule for the following use:
(1) post adoption behavioral therapies, psychological
therapies, specialized tutoring;
(2) transportation to visit non adopted siblings and
biological family members;
(3) expenses related to supporting open adoption
agreements;
(4) therapeutic summer camps and retreats;
(5) equine and music therapies;
(6) respite;
(7) transportation to therapeutic activities
(8) other therapeutic therapies and activities.
Sec. 162.760. STATE MATCHING FUNDS. A certified
organization that provides money for a post adoption assistance
accounts under this subchapter is entitled to state matching funds
to be used by the certified organization as additional money for the
assistance accounts. If the comptroller determines that the amount
appropriated to the comptroller for a state fiscal year is not
sufficient to match all assistance accounts under this subchapter,
the comptroller shall continue to perform the comptroller's other
duties under this subchapter without matching assistance accounts
by a certified organization.
Sec. 162.761. RULES; PROCEDURES. The comptroller shall
adopt rules and procedures to implement, administer, and enforce
this subchapter.
SECTION 2. This Act takes effect September 1, 2025.