HB 741

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
negative
Limited Government
positive
Individual Liberty
Digest
HB 741 amends the Family Code to limit when the Department of Family and Protective Services may remove a child from certain relative caregiver placements. For a child placed with a relative caregiver related within the fourth degree of consanguinity, DFPS generally may not take possession of the child unless, to the extent applicable, the department has first conducted an investigation, provided parental services and resources to the caregiver, or provided warnings or reminders of appropriate policy. The bill preserves DFPS authority to act in emergency-removal situations, comply with court orders, reunify a child with a parent, place the child with another relative caregiver when in the child’s best interest, or consider removal when the caregiver interferes with the parent-child relationship.

The bill also changes requirements for monetary assistance and support services provided to relative or designated caregivers. DFPS would be required to inform caregivers entering caregiver assistance agreements about the option and process for becoming verified by a licensed child-placing agency, the permanency care assistance program, the amount of additional assistance available if verified, and other financial benefits that may be available.

For day-care assistance, the bill makes a caregiver eligible if the caregiver is employed at least 20 hours per week, has a diagnosed disability that limits the caregiver’s ability to provide full-time child care, or is older than 65. DFPS must verify that the caregiver qualifies and has attempted to find appropriate day-care services through community services, including Head Start, prekindergarten, or public-school early education programs. DFPS may not provide day-care assistance without the required verification unless the department determines that verification would prevent an emergency placement in the child’s best interest.

The originally filed HB 741 would have made a much broader expansion of monetary assistance for relative and designated caregivers than the Committee Substitute. As filed, the bill would have required DFPS, subject to available funds, to enter into caregiver assistance agreements with each relative or designated caregiver and would have removed the existing income-based eligibility standard tied to 300 percent of the federal poverty level. It also would have required monetary assistance to equal the department’s minimum daily foster-care reimbursement rate, rather than limiting assistance to a lesser amount.

The filed version also would have removed the existing time limit on monetary assistance. Current bracketed language in the filed bill shows that existing law limits assistance to one year, with a possible six-month extension for good cause; the filed bill would have deleted that limitation and required disbursement in the same manner as foster-parent payments. The filed version also would have expanded reimbursement for child-care expenses by removing references to executive-commissioner eligibility criteria and by covering all child-care expenses while DFPS remains managing conservator, plus 50 percent of child-care expenses after the caregiver becomes permanent managing conservator.

By contrast, the Committee Substitute does not adopt that broad payment structure. Instead, it focuses on requiring DFPS to inform caregivers about verification as a foster home, permanency care assistance, additional financial assistance available through that route, and other financial benefits. It also narrows day-care assistance eligibility to caregivers who are employed at least 20 hours per week, have a diagnosed disability limiting full-time child care, or are older than 65, and it requires DFPS verification before assistance is provided, with an exception for emergency placements.

Both versions contain the same basic policy limiting DFPS removal of children from certain relative caregiver placements before the department has, as applicable, investigated, provided services and resources, or given warnings or reminders of policy. The Committee Substitute, however, adds several exceptions not found in the filed bill: removal for reunification with a parent, placement with another relative caregiver in the child’s best interest, compliance with a court order, and consideration of removal when the caregiver interferes with the parent-child relationship. It also adds language preserving DFPS’s existing child-safety and best-interest placement evaluation processes.
Author (1)
Barbara Gervin-Hawkins
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 741 would have a negative two-year net impact of $3,012,732 on General Revenue Related Funds through the biennium ending August 31, 2027. The estimated General Revenue cost is $1,262,821 in fiscal year 2026 and $1,749,911 in fiscal year 2027, with projected annual costs increasing each year through fiscal year 2030.

The main cost driver is the bill’s requirement that DFPS provide monetary assistance or additional day-care services to qualifying relative or designated caregivers for children under age 13, or under age 18 if the child has a developmental disability. DFPS expects the expanded eligibility to increase relative day-care use by 17 percent, primarily because the bill includes certain youth ages 7 to 17. LBB assumes a three-month start-up period and estimates 137 additional recipients in fiscal year 2026 and 181 additional recipients each fiscal year beginning in fiscal year 2027.

LBB also notes that some fiscal implications cannot be determined. Specifically, the cost of reimbursing all day-care expenses while DFPS is the child’s managing conservator cannot be estimated because DFPS cannot accurately determine the number of children with developmental disabilities. LBB also cannot determine the fiscal effect of providing monetary assistance retroactively to caregivers because it is uncertain how many individuals would qualify for payments or services.

The fiscal note assumes any costs to the Health and Human Services Commission could be absorbed within existing resources. No fiscal implication to local governments is anticipated.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 741 while also considering amendments to strengthen the bill. HB 741 has a legitimate limited-government purpose because it restrains the Department of Family and Protective Services from removing a child from certain close-relative caregiver placements before less disruptive steps have been used, when applicable. In simple terms, the bill tells DFPS that if a child is already placed with a close relative, the department should generally investigate the concern, provide services or resources, or issue warnings before removing the child, unless an emergency, court order, reunification with a parent, placement with another relative, or interference with the parent-child relationship justifies action. This is a meaningful check on administrative discretion and supports family-based care over unnecessary state-directed placement disruption.

However, the bill does grow the scope of government in a targeted way. It expands DFPS’s role in providing information about financial benefits to relative and designated caregivers, including information about verification as an agency foster home and permanency care assistance. It also creates broader eligibility for day-care monetary assistance or additional support services for certain caregivers, including those who work at least 20 hours per week, have a diagnosed disability limiting full-time child care, or are over age 65. DFPS must also verify eligibility and confirm that the caregiver attempted to locate appropriate community-based day-care services.

The bill also increases the burden on taxpayers. The LBB estimates a negative General Revenue impact of $3,012,732 for the 2026–27 biennium, with annual General Revenue costs rising from $1,262,821 in fiscal year 2026 to $2,025,738 by fiscal year 2030. The principal cost driver is expanded caregiver eligibility for day-care assistance, which DFPS expects will increase relative day-care use by 17 percent due to the inclusion of certain youth ages 7 to 17.

There is also unresolved fiscal exposure. LBB states that the cost of reimbursing all day-care expenses while DFPS is the child’s managing conservator cannot be determined because DFPS cannot accurately estimate the number of children with developmental disabilities. LBB also states that the cost of providing monetary assistance retroactively to caregivers cannot be determined because it is uncertain how many individuals would qualify for payments or services. That uncertainty is a significant concern because the bill applies to caregiver assistance agreements entered into before, on, or after the effective date.

The bill does not appear to increase the regulatory burden on private businesses in any broad or direct way. It does not impose new licensing, permitting, wage, employment, land-use, or operational mandates on private firms. The primary compliance burden falls on DFPS and on caregivers seeking state assistance, who would have to satisfy eligibility and verification requirements. For individuals, the bill is mixed: it reduces coercive state action by limiting certain removals from relative caregivers, but it also conditions day-care assistance on documentation and verification.

The bill analysis explains that the substitute removed the introduced version’s broader expansion of caregiver assistance, including provisions that would have removed need-based eligibility criteria, increased the amount of monetary assistance, and removed time limits on assistance. Instead, the substitute focuses on financial-benefit information, targeted day-care eligibility, and verification.

The bill should be amended to limit taxpayer exposure and administrative discretion. Recommended amendments should include narrowing or removing retroactive application, capping expanded assistance within appropriated amounts, requiring annual reporting on recipients and costs, placing core verification standards in statute rather than leaving them primarily to agency implementation, and adding a sunset or review trigger if costs exceed projections. These changes would preserve the bill’s strongest liberty benefit, protecting relative placements from unnecessary state disruption, while better controlling government growth, taxpayer risk, and long-term program expansion.

Free Enterprise
neutral
The bill does not materially regulate private businesses or impose new licensing, permitting, wage, employment, or operational mandates on the private sector. It may increase demand for day-care services by expanding eligibility for assistance, but the bill’s direct obligations fall primarily on DFPS and qualifying caregivers rather than on private providers.
Property Rights
neutral
The bill does not meaningfully affect private property rights. It does not change land-use authority, eminent domain, asset control, property access, taxation of property, or compliance obligations tied to ownership of land or other assets.
Personal Responsibility
positive
The bill supports personal responsibility by favoring family and kinship care, which keeps more caregiving responsibility within the family rather than defaulting to state-directed placement changes. It also requires caregivers seeking day-care assistance to meet defined eligibility standards and verify that they attempted to find appropriate community-based day-care services. However, the bill also expands taxpayer-supported assistance for certain caregivers, which shifts some caregiving costs from families to the state.
Limited Government
negative
The bill has a positive limited-government feature because it restrains DFPS discretion in certain child-removal decisions and requires the agency to use less disruptive steps before removing a child from a close relative placement when appropriate. However, it also expands the scope of DFPS-administered assistance, requires eligibility verification, applies to caregiver assistance agreements entered into before, on, or after the effective date, and increases General Revenue costs. LBB estimates a negative General Revenue impact of $3,012,732 for the 2026–27 biennium and notes additional indeterminate fiscal exposure.
Individual Liberty
positive
The bill has a positive impact on individual liberty because it limits DFPS’s ability to remove a child from certain close-relative caregiver placements without first taking less disruptive steps, when applicable. By requiring investigation, services, resources, warnings, or policy reminders before removal in non-emergency circumstances, the bill checks coercive agency action and provides greater stability for family placements. DFPS still retains authority to act in emergencies, follow court orders, reunify a child with a parent, move the child to another relative placement in the child’s best interest, or address interference with the parent-child relationship.
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