Bill Text: TX SB577 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the establishment of the foster child trust account program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-13 - Filed [SB577 Detail]
Download: Texas-2025-SB577-Introduced.html
89R1527 MM-D | ||
By: West | S.B. No. 577 |
|
||
|
||
relating to the establishment of the foster child trust account | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 264, Family Code, is | ||
amended by adding Section 264.0112 to read as follows: | ||
Sec. 264.0112. FOSTER CHILD TRUST ACCOUNT PROGRAM. (a) The | ||
department in cooperation with the comptroller shall establish and | ||
administer a foster child trust account program to hold federal | ||
benefits described by Subsection (b) received by children in the | ||
department's conservatorship. | ||
(b) For a child in the department's conservatorship who | ||
receives or is eligible to receive United States Department of | ||
Veterans Affairs benefits, Supplemental Security Income (SSI) | ||
benefits under 42 U.S.C. Section 1381 et seq., or Social Security | ||
Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et | ||
seq., the department shall: | ||
(1) serve as the representative payee for the benefits | ||
received by the child; | ||
(2) deposit any benefits received by the department on | ||
behalf of the child into an interest-bearing trust account | ||
maintained by the comptroller and manage the account until all | ||
money in the account is disbursed to the child; | ||
(3) save the benefits in a manner that avoids | ||
violating federal asset or resource limits that would negatively | ||
affect the child's eligibility to receive the benefits; and | ||
(4) provide an accounting to the child and the child's | ||
legal representative regarding the saving of the child's resources | ||
under the program on the date the child is discharged from or | ||
otherwise leaves foster care. | ||
(c) The comptroller may contract with one or more financial | ||
institutions to establish and manage an account for each child who | ||
receives benefits described by Subsection (b). | ||
(d) The comptroller shall make funds in the account | ||
available to a child in accordance with Subsection (e) as soon as | ||
practicable after: | ||
(1) the date the child leaves the department's | ||
conservatorship if on that date the child: | ||
(A) is at least 18 years of age; or | ||
(B) has had the disabilities of minority removed; | ||
or | ||
(2) the child's 18th birthday if the child is younger | ||
than 18 years of age on the date the child leaves the department's | ||
conservatorship. | ||
(e) On the date provided by Subsection (d), the comptroller | ||
shall make the entire balance of the account available to the child | ||
using a debit card or an online or electronic transfer payment | ||
service if the balance of the account does not exceed $5,000. If | ||
the balance of the account exceeds $5,000, the comptroller shall | ||
make $5,000 available to the child on the date provided by | ||
Subsection (d), and pay the remaining balance of the account to the | ||
child in increments not to exceed $5,000 each quarter after the | ||
initial disbursement until no money remains in the account. | ||
(f) Neither the state nor a child's guardian may access | ||
money in the child's account except that the state may deduct an | ||
amount equal to any interest earned on money in the account. | ||
(g) On the date on which all money has been disbursed from a | ||
child's account, the child's account is closed. | ||
SECTION 2. Not later than January 1, 2026, the Department of | ||
Family and Protective Services shall adopt rules necessary to | ||
establish and administer the accounts required under Section | ||
264.0112, Family Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2025. |