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.