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.