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.