Texas 2025 - 89th Regular

Texas House Bill HB1071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1132 MLH-D
2	2	By: Schatzline H.B. No. 1071
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of the Texas Adoption Assistance
10	10	Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 162, Family Code, is amended by adding
13	13	Subchapter I to read as follows:
14	14	SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM
15	15	Sec. 162.751. DEFINITIONS. In this subchapter:
16	16	(1) "Adoption assistance grant" means a Texas Adoption
17	17	Assistance Program grant awarded under Section 162.759.
18	18	(2) "Certified organization" means an organization
19	19	certified under Section 162.753.
20	20	(3) "Commission" means the Health and Human Services
21	21	Commission.
22	22	(4) "Eligible parent" means a parent who meets the
23	23	requirements of Section 162.757.
24	24	(5) "Program money" means money required to be
25	25	distributed as provided by Section 162.755(a)(5)(A).
26	26	Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
27	27	PURPOSE. The commission shall establish and administer the Texas
28	28	Adoption Assistance Program for the purpose of encouraging the
29	29	adoption of Texas children by providing adoptive parents with
30	30	private sector and public assistance with adoption-related
31	31	expenses.
32	32	Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
33	33	PARTICIPATION IN PROGRAM. (a) The commission shall select and
34	34	certify organizations that meet the eligibility requirements of
35	35	Section 162.754 to participate in the Texas Adoption Assistance
36	36	Program.
37	37	(b) A certified organization may solicit and accept
38	38	donations and award adoption assistance grants in this state under
39	39	the conditions and limitations provided by this subchapter.
40	40	(c) The commission shall solicit applications and select
41	41	and approve new certified organizations on an ongoing basis to meet
42	42	the needs in this state.
43	43	Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
44	44	APPLYING FOR CERTIFICATION. (a) An organization may apply to the
45	45	commission for certification under Section 162.753.
46	46	(b) An organization is eligible for certification by the
47	47	commission only if:
48	48	(1) according to the organization's charter, the
49	49	organization has the ability to award grants to eligible parents;
50	50	(2) the organization uses its annual revenue for the
51	51	purpose provided by Subdivision (1), except for a portion of the
52	52	revenue that may be used for reasonable operating expenses;
53	53	(3) the organization is exempt from federal tax under
54	54	Section 501(a), Internal Revenue Code of 1986, by being listed as an
55	55	exempt organization in Section 501(c)(3) of that code and meeting
56	56	all other applicable requirements for that exemption;
57	57	(4) the organization's mission includes providing
58	58	services or other assistance to families, women, or children; and
59	59	(5) the organization agrees to, if certified:
60	60	(A) in partnership with the state, assist
61	61	eligible parents with the payment of adoption-related expenses; and
62	62	(B) be independently audited on an annual basis
63	63	and file the audit report with the commission.
64	64	Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
65	65	A certified organization shall:
66	66	(1) comply at all times with the eligibility
67	67	requirements under Section 162.754(b);
68	68	(2) submit to an annual independent audit under
69	69	guidelines provided by the commission and file the audit report
70	70	with the commission;
71	71	(3) distribute all program money in the manner
72	72	provided by Section 162.759;
73	73	(4) give each donor a receipt for money donated to the
74	74	certified organization that includes the name of the certified
75	75	organization, the name of the donor, the amount of the donation, and
76	76	any other information required by the commission; and
77	77	(5) of the amount of money received from donations
78	78	made by donors for the purpose of providing adoption assistance
79	79	grants:
80	80	(A) distribute not less than 97 percent in the
81	81	form of adoption assistance grants; and
82	82	(B) use not more than three percent to pay
83	83	expenses of operating the organization.
84	84	(b) A certified organization may not provide adoption
85	85	assistance grants in a manner that does not comply with Section
86	86	162.759.
87	87	Sec. 162.756. REVOCATION OF CERTIFICATION. The commission
88	88	shall revoke a certification under Section 162.753 if the
89	89	commission finds that a certified organization:
90	90	(1) is not in compliance with the requirements of
91	91	Section 162.755; or
92	92	(2) otherwise intentionally and substantially
93	93	violates this subchapter.
94	94	Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
95	95	for an adoption assistance grant if the person:
96	96	(1) resides in this state on the date the adoption
97	97	assistance grant is awarded;
98	98	(2) is an adoptive parent under an adoption order
99	99	granted under Section 162.016 of a child who is younger than 18
100	100	years old on September 1 of the state fiscal year in which the
101	101	adoption assistance grant is awarded; and
102	102	(3) has an annual gross household income that is not
103	103	more than $400,000.
104	104	Sec. 162.758. MAXIMUM AMOUNT OF GRANT. (a) The maximum
105	105	amount of an adoption assistance grant is:
106	106	(1) for an eligible parent or parents with an annual
107	107	gross household income of not more than $320,000, an amount equal to
108	108	50 percent of the amount of any adoption-related expenses incurred
109	109	by the parent or parents;
110	110	(2) for an eligible parent or parents with an annual
111	111	gross household income of more than $320,000 and not more than
112	112	$340,000, an amount equal to 40 percent of the amount of any
113	113	adoption-related expenses incurred by the parent or parents;
114	114	(3) for an eligible parent or parents with an annual
115	115	gross household income of more than $340,000 and not more than
116	116	$360,000, an amount equal to 30 percent of the amount of any
117	117	adoption-related expenses incurred by the parent or parents;
118	118	(4) for an eligible parent or parents with an annual
119	119	gross household income of more than $360,000 and not more than
120	120	$380,000, an amount equal to 20 percent of the amount of any
121	121	adoption-related expenses incurred by the parent or parents; and
122	122	(5) for an eligible parent or parents with an annual
123	123	gross household income of more than $380,000 and not more than
124	124	$400,000, an amount equal to 10 percent of the amount of any
125	125	adoption-related expenses incurred by the parent or parents.
126	126	(b) For purposes of this section, adoption-related expenses
127	127	are expenses incurred by the parent or parents for:
128	128	(1) legal fees for adoption paperwork;
129	129	(2) hiring legal representation;
130	130	(3) a home study under Section 264.207;
131	131	(4) adoption advertisements;
132	132	(5) adoption-related counseling;
133	133	(6) medical expenses of the birth mother;
134	134	(7) case management; or
135	135	(8) communication support, in the case of an open
136	136	adoption.
137	137	Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state
138	138	fiscal year, a certified organization shall award a number of
139	139	one-time adoption assistance grants, as determined by the
140	140	organization based on available funds, to eligible parents who
141	141	apply to the commission in the manner prescribed by commission
142	142	rule.
143	143	Sec. 162.760. STATE MATCHING FUNDS. A certified
144	144	organization that provides money for an adoption assistance grant
145	145	under this subchapter is entitled to state matching funds to be used
146	146	by the certified organization as additional money for the grant
147	147	award. If the commission determines that the amount appropriated
148	148	to the commission for a state fiscal year is not sufficient to match
149	149	all grants awarded under this subchapter, the commission shall
150	150	continue to perform the commission's other duties under this
151	151	subchapter without matching grants awarded by a certified
152	152	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, 2025.