Texas 2023 - 88th Regular

Texas House Bill HB4138 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23032 MLH-D
2	2	By: Schatzline, Noble, Spiller, Klick, H.B. No. 4138
3	3	Bonnen, et al.
4	4	Substitute the following for H.B. No. 4138:
5	5	By: Klick C.S.H.B. No. 4138
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the establishment of the Texas Adoption Assistance
11	11	Program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 162, Family Code, is amended by adding
14	14	Subchapter I to read as follows:
15	15	SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM
16	16	Sec. 162.751. DEFINITIONS. In this subchapter:
17	17	(1) "Adoption assistance grant" means a Texas Adoption
18	18	Assistance Program grant awarded under Section 162.759.
19	19	(2) "Certified organization" means an organization
20	20	certified under Section 162.753.
21	21	(3) "Commission" means the Health and Human Services
22	22	Commission.
23	23	(4) "Eligible parent" means a parent who meets the
24	24	requirements of Section 162.757.
25	25	(5) "Program money" means money required to be
26	26	distributed as provided by Section 162.755(a)(5)(A).
27	27	Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
28	28	PURPOSE. The commission shall establish and administer the Texas
29	29	Adoption Assistance Program for the purpose of encouraging the
30	30	adoption of Texas children by providing adoptive parents with
31	31	private sector and public assistance with adoption-related
32	32	expenses.
33	33	Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
34	34	PARTICIPATION IN PROGRAM. (a) The commission shall select and
35	35	certify organizations that meet the eligibility requirements of
36	36	Section 162.754 to participate in the Texas Adoption Assistance
37	37	Program.
38	38	(b) A certified organization may solicit and accept
39	39	donations and award adoption assistance grants in this state under
40	40	the conditions and limitations provided by this subchapter.
41	41	(c) The commission shall solicit applications and select
42	42	and approve new certified organizations on an ongoing basis to meet
43	43	the needs in this state.
44	44	Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
45	45	APPLYING FOR CERTIFICATION. (a) An organization may apply to the
46	46	commission for certification under Section 162.753.
47	47	(b) An organization is eligible for certification by the
48	48	commission only if:
49	49	(1) according to the organization's charter, the
50	50	organization has the ability to award grants to eligible parents;
51	51	(2) the organization uses its annual revenue for the
52	52	purpose provided by Subdivision (1), except for a portion of the
53	53	revenue that may be used for reasonable operating expenses;
54	54	(3) the organization is exempt from federal tax under
55	55	Section 501(a), Internal Revenue Code of 1986, by being listed as an
56	56	exempt organization in Section 501(c)(3) of that code and meeting
57	57	all other applicable requirements for that exemption;
58	58	(4) the organization's mission includes providing
59	59	services or other assistance to families, women, or children; and
60	60	(5) the organization agrees to, if certified:
61	61	(A) in partnership with the state, assist
62	62	eligible parents with the payment of adoption-related expenses; and
63	63	(B) be independently audited on an annual basis
64	64	and file the audit report with the commission.
65	65	Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
66	66	A certified organization shall:
67	67	(1) comply at all times with the eligibility
68	68	requirements under Section 162.754(b);
69	69	(2) submit to an annual independent audit under
70	70	guidelines provided by the commission and file the audit report
71	71	with the commission;
72	72	(3) distribute all program money in the manner
73	73	provided by Section 162.759;
74	74	(4) give each donor a receipt for money donated to the
75	75	certified organization that includes the name of the certified
76	76	organization, the name of the donor, the amount of the donation, and
77	77	any other information required by the commission; and
78	78	(5) of the amount of money received from donations
79	79	made by donors for the purpose of providing adoption assistance
80	80	grants:
81	81	(A) distribute not less than 97 percent in the
82	82	form of adoption assistance grants; and
83	83	(B) use not more than three percent to pay
84	84	expenses of operating the organization.
85	85	(b) A certified organization may not provide adoption
86	86	assistance grants in a manner that does not comply with Section
87	87	162.759.
88	88	Sec. 162.756. REVOCATION OF CERTIFICATION. The commission
89	89	shall revoke a certification under Section 162.753 if the
90	90	commission finds that a certified organization:
91	91	(1) is not in compliance with the requirements of
92	92	Section 162.755; or
93	93	(2) otherwise intentionally and substantially
94	94	violates this subchapter.
95	95	Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
96	96	for an adoption assistance grant if the person:
97	97	(1) resides in this state on the date the adoption
98	98	assistance grant is awarded;
99	99	(2) is an adoptive parent under an adoption order
100	100	granted under Section 162.016 of a child who is younger than 18
101	101	years old on September 1 of the state fiscal year in which the
102	102	adoption assistance grant is awarded; and
103	103	(3) has an annual gross household income that is not
104	104	more than $400,000.
105	105	Sec. 162.758. MAXIMUM AMOUNT OF GRANT. (a) The maximum
106	106	amount of an adoption assistance grant is:
107	107	(1) for an eligible parent or parents with an annual
108	108	gross household income of not more than $320,000, an amount equal to
109	109	half of the amount of any adoption-related expenses incurred by the
110	110	parent or parents;
111	111	(2) for an eligible parent or parents with an annual
112	112	gross household income of more than $320,000 and not more than
113	113	$340,000, an amount equal to 40 percent of the amount of any
114	114	adoption-related expenses incurred by the parent or parents;
115	115	(3) for an eligible parent or parents with an annual
116	116	gross household income of more than $340,000 and not more than
117	117	$360,000, an amount equal to 30 percent of the amount of any
118	118	adoption-related expenses incurred by the parent or parents;
119	119	(4) for an eligible parent or parents with an annual
120	120	gross household income of more than $360,000 and not more than
121	121	$380,000, an amount equal to 20 percent of the amount of any
122	122	adoption-related expenses incurred by the parent or parents; and
123	123	(5) for an eligible parent or parents with an annual
124	124	gross household income of more than $380,000 and not more than
125	125	$400,000, an amount equal to 10 percent of the amount of any
126	126	adoption-related expenses incurred by the parent or parents.
127	127	(b) For purposes of this section, adoption-related expenses
128	128	are expenses incurred by the parent or parents for:
129	129	(1) legal fees for adoption paperwork;
130	130	(2) hiring legal representation;
131	131	(3) a home study under Section 264.207;
132	132	(4) adoption advertisements;
133	133	(5) adoption-related counseling;
134	134	(6) medical expenses of the birth mother;
135	135	(7) case management; or
136	136	(8) communication support, in the case of an open
137	137	adoption.
138	138	Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state
139	139	fiscal year, a certified organization shall award a number of
140	140	one-time adoption assistance grants, as determined by the
141	141	organization based on available funds, to eligible parents who
142	142	apply to the commission in the manner prescribed by commission
143	143	rule.
144	144	Sec. 162.760. STATE MATCHING FUNDS. A certified
145	145	organization that provides money for an adoption assistance grant
146	146	under this subchapter is entitled to state matching funds to be used
147	147	by the certified entity as additional money for the grant award. If
148	148	the commission determines that the amount appropriated to the
149	149	commission for a state fiscal year is not sufficient to match all
150	150	grants awarded under this subchapter, the commission shall continue
151	151	to perform the commission's other duties under this subchapter
152	152	without matching grants awarded by a certified organization.
153	153	Sec. 162.761. RULES; PROCEDURES. The commission shall
154	154	adopt rules and procedures to implement, administer, and enforce
155	155	this subchapter.
156	156	SECTION 2. This Act takes effect September 1, 2023.