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89(R) HB 5302 - Engrossed version - Bill Text
89R24397 MLH-F
By: Schatzline, Hull, Manuel, Gerdes, Harris
H.B. No. 5302
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Post-adoption Assistance
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 PROGRAM
Sec. 162.751. DEFINITIONS. In this subchapter:
(1)
"Certified organization" means an organization
certified under Section 162.753.
(2)
"Eligible parent" means a parent who meets the
requirements of Section 162.757.
(3)
"Post-adoption assistance grant"
means a Texas
Post-adoption Assistance Program grant awarded under Section
162.759.
(4)
"Program money" 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
Post-adoption Assistance Program for the purpose of encouraging the
adoption of children in this state's 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 Post-adoption
Assistance 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 ORGANIZATION
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 Sections 162.759 and 162.761;
(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 grants:
(A)
distribute not less than 97 percent in the
form of post-adoption assistance grants; 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 grants in a manner that does not comply with Sections
162.759 and 162.761.
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.
INITIAL ELIGIBILITY REQUIREMENTS FOR PARENT.
A person is eligible for a post-adoption assistance grant for a
state fiscal year only if the person:
(1)
resides in this state on the date the
post-adoption assistance grant is awarded;
(2)
is an adoptive parent of a child under an adoption
order rendered under Section 162.016 who:
(A)
is younger than 18 years old on September 1 of
the state fiscal year in which the post-adoption assistance grant
is awarded; and
(B)
resided in this state as part of this state's
foster care system; and
(3)
enters into an agreement with a certified
organization under which the person agrees to:
(A)
continue to reside in this state for not less
than six months of each state fiscal year in which the person is
awarded a post-adoption assistance grant;
(B)
use grant money only for expenditures allowed
under Section 162.762; and
(C)
notify the certified organization if the
person is no longer eligible for the grant.
Sec.
162.758.
MAXIMUM GRANT AMOUNT.
The maximum amount of a
post-adoption assistance grant awarded for a state fiscal year is:
(1)
for an eligible parent or parents who adopt a
single child, $2,000; and
(2)
for an eligible parent or parents who adopt more
than one child, $1,500 for each child.
Sec.
162.759.
APPLICATION; AWARD OF GRANT.
Each state
fiscal year, a certified organization shall award a number of
post-adoption assistance grants, as determined by the organization
based on available program money, to eligible parents who apply to
the comptroller in the manner prescribed by comptroller rule.
Sec.
162.760.
CONTINUING ELIGIBILITY OF PARENT. A person
who is awarded a post-adoption assistance grant for a state fiscal
year is eligible for a post-adoption assistance grant in a
subsequent state fiscal year if the person continues to satisfy the
eligibility criteria prescribed by Section 162.757, except that the
person may not be awarded a post-adoption assistance grant for a
child after the earlier of:
(1) the child's 18th birthday; or
(2)
the date the child receives a high school diploma
or a high school equivalency certificate.
Sec.
162.761.
PROGRAM MONEY DISBURSEMENT AND
ADMINISTRATION. (a)
The comptroller by rule shall adopt and
administer a method by which:
(1)
each post-adoption assistance grant recipient is
provided with an account from which the recipient may withdraw or
use grant money to pay for expenditures allowed under Section
162.762; and
(2)
a certified organization may credit a
post-adoption assistance grant recipient's account with grant
money awarded by the organization.
(b)
Each state fiscal year, a post-adoption assistance
grant recipient may carry over to the next year funds remaining in
the recipient's account in an amount not to exceed 50 percent of the
amount credited to the account for that state fiscal year.
Sec.
162.762.
ELIGIBLE USE OF GRANT MONEY. A post-adoption
assistance grant recipient may use grant money only for expenses
related to:
(1)
post-adoption behavioral therapy, psychological
therapy, or specialized tutoring;
(2)
transportation to allow the child to visit a
family member related to the child within the third degree of
consanguinity;
(3) transportation to a therapeutic activity;
(4) supporting an open adoption agreement;
(5) therapeutic summer camps or retreats;
(6) equine or musical therapy;
(7) respite care; or
(8) other therapeutic care or activities.
Sec.
162.763.
STATE MATCHING FUNDS.
A certified
organization that provides money for a post-adoption assistance
grant is entitled to state matching funds to be used by the
certified organization as additional money for the grant award.
If
the comptroller determines that the amount appropriated to the
comptroller for a state fiscal year is not sufficient to match all
grants awarded under this subchapter, the comptroller shall
continue to perform the comptroller's other duties under this
subchapter without matching grants awarded by a certified
organization.
Sec.
162.764.
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.