Texas 2025 - 89th Regular

Texas Senate Bill SB577 Compare Versions

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11 89R1527 MM-D
22 By: West S.B. No. 577
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of the foster child trust account
1010 program.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter A, Chapter 264, Family Code, is
1313 amended by adding Section 264.0112 to read as follows:
1414 Sec. 264.0112. FOSTER CHILD TRUST ACCOUNT PROGRAM. (a) The
1515 department in cooperation with the comptroller shall establish and
1616 administer a foster child trust account program to hold federal
1717 benefits described by Subsection (b) received by children in the
1818 department's conservatorship.
1919 (b) For a child in the department's conservatorship who
2020 receives or is eligible to receive United States Department of
2121 Veterans Affairs benefits, Supplemental Security Income (SSI)
2222 benefits under 42 U.S.C. Section 1381 et seq., or Social Security
2323 Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et
2424 seq., the department shall:
2525 (1) serve as the representative payee for the benefits
2626 received by the child;
2727 (2) deposit any benefits received by the department on
2828 behalf of the child into an interest-bearing trust account
2929 maintained by the comptroller and manage the account until all
3030 money in the account is disbursed to the child;
3131 (3) save the benefits in a manner that avoids
3232 violating federal asset or resource limits that would negatively
3333 affect the child's eligibility to receive the benefits; and
3434 (4) provide an accounting to the child and the child's
3535 legal representative regarding the saving of the child's resources
3636 under the program on the date the child is discharged from or
3737 otherwise leaves foster care.
3838 (c) The comptroller may contract with one or more financial
3939 institutions to establish and manage an account for each child who
4040 receives benefits described by Subsection (b).
4141 (d) The comptroller shall make funds in the account
4242 available to a child in accordance with Subsection (e) as soon as
4343 practicable after:
4444 (1) the date the child leaves the department's
4545 conservatorship if on that date the child:
4646 (A) is at least 18 years of age; or
4747 (B) has had the disabilities of minority removed;
4848 or
4949 (2) the child's 18th birthday if the child is younger
5050 than 18 years of age on the date the child leaves the department's
5151 conservatorship.
5252 (e) On the date provided by Subsection (d), the comptroller
5353 shall make the entire balance of the account available to the child
5454 using a debit card or an online or electronic transfer payment
5555 service if the balance of the account does not exceed $5,000. If
5656 the balance of the account exceeds $5,000, the comptroller shall
5757 make $5,000 available to the child on the date provided by
5858 Subsection (d), and pay the remaining balance of the account to the
5959 child in increments not to exceed $5,000 each quarter after the
6060 initial disbursement until no money remains in the account.
6161 (f) Neither the state nor a child's guardian may access
6262 money in the child's account except that the state may deduct an
6363 amount equal to any interest earned on money in the account.
6464 (g) On the date on which all money has been disbursed from a
6565 child's account, the child's account is closed.
6666 SECTION 2. Not later than January 1, 2026, the Department of
6767 Family and Protective Services shall adopt rules necessary to
6868 establish and administer the accounts required under Section
6969 264.0112, Family Code, as added by this Act.
7070 SECTION 3. This Act takes effect September 1, 2025.