1 | 1 | | 89R1527 MM-D |
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2 | 2 | | By: West S.B. No. 577 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of the foster child trust account |
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10 | 10 | | program. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 264, Family Code, is |
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13 | 13 | | amended by adding Section 264.0112 to read as follows: |
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14 | 14 | | Sec. 264.0112. FOSTER CHILD TRUST ACCOUNT PROGRAM. (a) The |
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15 | 15 | | department in cooperation with the comptroller shall establish and |
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16 | 16 | | administer a foster child trust account program to hold federal |
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17 | 17 | | benefits described by Subsection (b) received by children in the |
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18 | 18 | | department's conservatorship. |
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19 | 19 | | (b) For a child in the department's conservatorship who |
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20 | 20 | | receives or is eligible to receive United States Department of |
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21 | 21 | | Veterans Affairs benefits, Supplemental Security Income (SSI) |
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22 | 22 | | benefits under 42 U.S.C. Section 1381 et seq., or Social Security |
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23 | 23 | | Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et |
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24 | 24 | | seq., the department shall: |
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25 | 25 | | (1) serve as the representative payee for the benefits |
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26 | 26 | | received by the child; |
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27 | 27 | | (2) deposit any benefits received by the department on |
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28 | 28 | | behalf of the child into an interest-bearing trust account |
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29 | 29 | | maintained by the comptroller and manage the account until all |
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30 | 30 | | money in the account is disbursed to the child; |
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31 | 31 | | (3) save the benefits in a manner that avoids |
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32 | 32 | | violating federal asset or resource limits that would negatively |
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33 | 33 | | affect the child's eligibility to receive the benefits; and |
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34 | 34 | | (4) provide an accounting to the child and the child's |
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35 | 35 | | legal representative regarding the saving of the child's resources |
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36 | 36 | | under the program on the date the child is discharged from or |
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37 | 37 | | otherwise leaves foster care. |
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38 | 38 | | (c) The comptroller may contract with one or more financial |
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39 | 39 | | institutions to establish and manage an account for each child who |
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40 | 40 | | receives benefits described by Subsection (b). |
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41 | 41 | | (d) The comptroller shall make funds in the account |
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42 | 42 | | available to a child in accordance with Subsection (e) as soon as |
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43 | 43 | | practicable after: |
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44 | 44 | | (1) the date the child leaves the department's |
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45 | 45 | | conservatorship if on that date the child: |
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46 | 46 | | (A) is at least 18 years of age; or |
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47 | 47 | | (B) has had the disabilities of minority removed; |
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48 | 48 | | or |
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49 | 49 | | (2) the child's 18th birthday if the child is younger |
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50 | 50 | | than 18 years of age on the date the child leaves the department's |
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51 | 51 | | conservatorship. |
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52 | 52 | | (e) On the date provided by Subsection (d), the comptroller |
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53 | 53 | | shall make the entire balance of the account available to the child |
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54 | 54 | | using a debit card or an online or electronic transfer payment |
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55 | 55 | | service if the balance of the account does not exceed $5,000. If |
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56 | 56 | | the balance of the account exceeds $5,000, the comptroller shall |
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57 | 57 | | make $5,000 available to the child on the date provided by |
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58 | 58 | | Subsection (d), and pay the remaining balance of the account to the |
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59 | 59 | | child in increments not to exceed $5,000 each quarter after the |
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60 | 60 | | initial disbursement until no money remains in the account. |
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61 | 61 | | (f) Neither the state nor a child's guardian may access |
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62 | 62 | | money in the child's account except that the state may deduct an |
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63 | 63 | | amount equal to any interest earned on money in the account. |
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64 | 64 | | (g) On the date on which all money has been disbursed from a |
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65 | 65 | | child's account, the child's account is closed. |
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66 | 66 | | SECTION 2. Not later than January 1, 2026, the Department of |
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67 | 67 | | Family and Protective Services shall adopt rules necessary to |
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68 | 68 | | establish and administer the accounts required under Section |
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69 | 69 | | 264.0112, Family Code, as added by this Act. |
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70 | 70 | | SECTION 3. This Act takes effect September 1, 2025. |
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