89R3093 MM-D     By: Menéndez S.B. No. 545       A BILL TO BE ENTITLED   AN ACT   relating to the licensing of relative or other designated   caregivers by the Department of Family and Protective Services and   monetary assistance provided to certain relative or designated   caregivers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 264.755(a) and (a-1), Family Code, are   amended to read as follows:          (a)  Except as provided by Section 264.760(b), the [The]   department shall, subject to the availability of funds, enter into   a caregiver assistance agreement with each relative or other   designated caregiver to provide monetary assistance and additional   support services to the caregiver.  The monetary assistance and   support services shall be based on a family's need, as determined by   Subsection (b) and rules adopted by the executive commissioner.          (a-1)  When a relative or other designated caregiver enters   into a caregiver assistance agreement under Subsection (a), the   department shall inform the caregiver of:                (1)  the option to become verified by a licensed   child-placing agency to operate an agency foster home, if   applicable; [and]                (2)  the licensing procedures provided under Section   42.0539, Human Resources Code; and                (3)  the permanency care assistance program under   Subchapter K.          SECTION 2.  Section 264.760, Family Code, is amended to read   as follows:          Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND   PERMANENCY CARE ASSISTANCE.  (a) Notwithstanding any other   provision of this subchapter, a relative or other designated   caregiver [who becomes verified by a licensed child-placing agency   to operate an agency foster home under Chapter 42, Human Resources   Code,] may receive foster care payments in lieu of the benefits   provided by this subchapter if the caregiver:                (1)  becomes verified by a licensed child-placing   agency to operate an agency foster home under Chapter 42, Human   Resources Code; or                (2)  obtains a license under Section 42.0539, Human   Resources Code.          (b)  The relative or other designated caregiver may receive   foster care payments under this section[,] beginning with the first   month in which the [relative or other designated] caregiver becomes   licensed or is verified.          SECTION 3.  Section 264.852, Family Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A kinship provider who receives foster care payments   as provided by Section 264.760 is not eligible for permanency care   assistance benefits under this subchapter.          SECTION 4.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.0539 to read as follows:          Sec. 42.0539.  LICENSE FOR RELATIVE AND DESIGNATED   CAREGIVERS. (a)  The executive commissioner by rule shall adopt a   procedure to issue a license to a relative or other designated   caregiver, as defined by Section 264.751, Family Code, that allows   the caregiver to receive foster care payments under Section   264.760, Family Code.          (b)  The procedure must require the caregiver to meet the   basic safety requirements provided by the executive commissioner   rule to ensure the safety of the child.          SECTION 5.  This Act takes effect September 1, 2025.