Texas 2023 - 88th Regular

Texas Senate Bill SB2560 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Middleton S.B. No. 2560
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Texas Adoption Assistance
7	7	Program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 162, Family Code, is amended by adding
10	10	Subchapter I to read as follows:
11	11	SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM
12	12	Sec. 162.751. DEFINITIONS. In this subchapter:
13	13	(1) "Adoption assistance grant" means a Texas Adoption
14	14	Assistance Program grant awarded under Section 162.759.
15	15	(2) "Certified organization" means an organization
16	16	certified under Section 162.753.
17	17	(3) "Eligible parent" means a parent who meets the
18	18	requirements of Section 162.757.
19	19	(4) "Program money" means money required to be
20	20	distributed as provided by Section 162.755(a)(5)(A).
21	21	Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
22	22	PURPOSE. The comptroller shall establish and administer the Texas
23	23	Adoption Assistance Program for the purpose of encouraging the
24	24	adoption of Texas children by providing adoptive parents with
25	25	private sector and public assistance with adoption-related
26	26	expenses.
27	27	Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
28	28	PARTICIPATION IN PROGRAM. (a) The comptroller shall select and
29	29	certify organizations that meet the eligibility requirements of
30	30	Section 162.754 to participate in the Texas Adoption Assistance
31	31	Program.
32	32	(b) A certified organization may solicit and accept
33	33	donations and award adoption assistance grants in this state under
34	34	the conditions and limitations provided by this subchapter.
35	35	(c) The comptroller shall solicit applications and select
36	36	and approve new certified organizations on an ongoing basis to meet
37	37	the needs in this state.
38	38	Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
39	39	APPLYING FOR CERTIFICATION. (a) An organization may apply to the
40	40	comptroller for certification under Section 162.753.
41	41	(b) An organization is eligible for certification by the
42	42	comptroller only if:
43	43	(1) the organization is exempt from federal tax under
44	44	Section 501(a), Internal Revenue Code of 1986, by being listed as an
45	45	exempt organization in Section 501(c)(3) of that code and meeting
46	46	all other applicable requirements for that exemption;
47	47	(2) the organization's mission includes providing
48	48	services or other assistance to families, women, or children; and
49	49	(3) the organization agrees to, if certified:
50	50	(A) in partnership with the state, assist
51	51	eligible parents with the payment of adoption-related expenses; and
52	52	(B) be independently audited on an annual basis
53	53	and file the audit report with the comptroller.
54	54	Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
55	55	A certified organization shall:
56	56	(1) comply at all times with the eligibility
57	57	requirements under Section 162.754(b);
58	58	(2) submit to an annual independent audit under
59	59	guidelines provided by the comptroller and file the audit report
60	60	with the comptroller;
61	61	(3) distribute all program money in the manner
62	62	provided by Section 162.759;
63	63	(4) give each donor a receipt for money donated to the
64	64	certified organization that includes the name of the certified
65	65	organization, the name of the donor, the amount of the donation, and
66	66	any other information required by the comptroller; and
67	67	(5) of the amount of money received from donations
68	68	made by donors for the purpose of providing adoption assistance
69	69	grants:
70	70	(A) distribute not less than 97 percent in the
71	71	form of adoption assistance grants; and
72	72	(B) use not more than three percent to pay
73	73	expenses of operating the organization.
74	74	(b) A certified organization may not provide adoption
75	75	assistance grants in a manner that does not comply with Section
76	76	162.759.
77	77	Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller
78	78	shall revoke a certification under Section 162.753 if the
79	79	comptroller finds that a certified organization:
80	80	(1) is not in compliance with the requirements of
81	81	Section 162.755; or
82	82	(2) otherwise intentionally and substantially
83	83	violates this subchapter.
84	84	Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
85	85	for an adoption assistance grant if the person:
86	86	(1) resides in this state on the date the adoption
87	87	assistance grant is awarded;
88	88	(2) is an adoptive parent under an adoption order
89	89	granted under Section 162.016 of a child who is younger than 18
90	90	years old on September 1 of the state fiscal year in which the
91	91	adoption assistance grant is awarded; and
92	92	(3) has an annual gross household income that is not
93	93	more than $150,000.
94	94	Sec. 162.758. MAXIMUM AMOUNT OF GRANT. The maximum amount
95	95	of an adoption assistance grant is:
96	96	(1) for an eligible parent or parents with an annual
97	97	gross household income of not more than $110,000, an amount equal to
98	98	half of the amount of any adoption-related expenses incurred by the
99	99	parent or parents;
100	100	(3) for an eligible parent or parents with an annual
101	101	gross household income of more than $110,000 and not more than
102	102	$130,000, an amount equal to 30 percent of the amount of any
103	103	adoption-related expenses incurred by the parent or parents; and
104	104	(5) for an eligible parent or parents with an annual
105	105	gross household income of more than $130,000 and not more than
106	106	$150,000, an amount equal to 10 percent of the amount of any
107	107	adoption-related expenses incurred by the parent or parents.
108	108	Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state
109	109	fiscal year, a certified organization shall award a number of
110	110	one-time adoption assistance grants, as determined by the
111	111	organization based on available funds, to eligible parents who
112	112	apply to the comptroller in the manner prescribed by comptroller
113	113	rule.
114	114	Sec. 162.760. STATE MATCHING FUNDS. A certified
115	115	organization that provides money for an adoption assistance grant
116	116	under this subchapter is entitled to state matching funds to be used
117	117	by the certified entity as additional money for the grant award. If
118	118	the comptroller determines that the amount appropriated to the
119	119	comptroller for a state fiscal year is not sufficient to match all
120	120	grants awarded under this subchapter, the comptroller shall
121	121	continue to perform the comptroller's other duties under this
122	122	subchapter without matching grants awarded by a certified
123	123	organization.
124	124	Sec. 162.761. RULES; PROCEDURES. The comptroller shall
125	125	adopt rules and procedures to implement, administer, and enforce
126	126	this subchapter.
127	127	SECTION 2. This Act takes effect September 1, 2023.