89R14156 KRM-D
By: Toth H.B. No. 5214
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Adoption Is an Option
Education and Awareness Program and to required adoption-related
curriculum and information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002, Education Code, is amended by
adding Subsection (q) to read as follows:
(q) In adopting the essential knowledge and skills for the
health curriculum under Subsection (a)(2)(B), the State Board of
Education, in collaboration with the Health and Human Services
Commission, shall adopt essential knowledge and skills for each
grade level that address adoption, as age appropriate, and require
adoption to be discussed in conjunction with reproductive health,
parenting, and contraception.
SECTION 2. Section 28.004(e), Education Code, is amended to
read as follows:
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health advisory council and must:
(1) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(2) devote more attention to abstinence from sexual
activity than to any other behavior;
(3) emphasize that abstinence from sexual activity, if
used consistently and correctly, is the only method that is 100
percent effective in preventing pregnancy, sexually transmitted
diseases, infection with human immunodeficiency virus or acquired
immune deficiency syndrome, and the emotional trauma associated
with adolescent sexual activity;
(4) direct adolescents to a standard of behavior in
which abstinence from sexual activity before marriage is the most
effective way to prevent pregnancy, sexually transmitted diseases,
and infection with human immunodeficiency virus or acquired immune
deficiency syndrome; and
(5) [teach contraception and condom use in terms of
human use reality rates instead of theoretical laboratory rates,]
if instruction on contraception and condoms is included in
curriculum content:
(A) teach contraception and condom use in terms
of human use reality rates instead of theoretical laboratory rates;
and
(B) provide information about adoption,
including the informational materials developed by the Health and
Human Services Commission under Section 56.002(b)(1), Health and
Safety Code.
SECTION 3. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 56 to read as follows:
CHAPTER 56. TEXAS ADOPTION IS AN OPTION EDUCATION AND AWARENESS
PROGRAM
Sec. 56.001. DEFINITIONS. In this chapter:
(1) "Certified organization" means a nonprofit
organization certified to participate in the program under Section
56.003.
(2) "Health care facility" means a facility licensed,
certified, or otherwise authorized to provide health care in the
ordinary course of business in this state.
(3) "Nonprofit organization" means an organization
exempt from federal income taxation under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
(4) "Pregnancy counseling" means counseling provided
to a pregnant woman to provide information on parenting, adoption
procedures and services, and medical procedures related to the
pregnancy.
(5) "Program" means the Texas Adoption Is an Option
Education and Awareness Program established under this chapter.
Sec. 56.002. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a)
The commission, in collaboration with the Texas Education Agency,
shall establish and administer the Texas Adoption Is an Option
Education and Awareness Program to promote education and awareness
regarding adoption services in this state.
(b) Under the program, the commission shall:
(1) develop and distribute adoption-related
informational materials to entities receiving state funds that
provide contraception-related or pregnancy-related education,
health care, services, or treatment;
(2) implement a statewide public awareness campaign to
provide information on adoption services; and
(3) ensure pregnancy counseling services provided by
any entity receiving state funds include the provision of
information on adoption services.
(c) The informational materials developed by the commission
under Subsection (b)(1) must include information on:
(1) the adoption process;
(2) available adoption-related services; and
(3) a pregnant woman's options to:
(A) select the child's prospective adoptive
parents; and
(B) determine the degree of disclosure in the
adoption process and continuing interaction with the child after
adoption, including the woman's option to choose that the adoption
records be kept confidential to protect the woman's identity as a
birth parent.
(d) In establishing the program, the commission may study
and consider similar programs adopted in other states to identify
best practices for:
(1) integrating informational materials developed
under the program into public education provided in this state; and
(2) ensuring that:
(A) adoption information is included when
education regarding contraceptive options is provided by an entity
receiving state funds; and
(B) state-funded health care facilities provide
adoption information before offering or conducting a
pregnancy-related medical procedure.
Sec. 56.003. CERTIFIED ORGANIZATION SELECTION;
ELIGIBILITY. (a) The commission by rule shall establish a
procedure to select organizations that meet the eligibility
requirements established by this section to participate in the
program as certified organizations.
(b) To be eligible for selection to participate in the
program as a certified organization, an organization must:
(1) apply to the commission in the manner prescribed
by executive commissioner rule; and
(2) be a nonprofit organization that provides
adoption-related education and support services in this state.
(c) The commission shall select as many eligible
organizations to participate in the program as necessary to
implement the program.
Sec. 56.004. AWARD OF GRANT. (a) Under the program, the
commission may award a grant to a certified organization to:
(1) create and implement educational campaigns and
instructional materials to promote adoption services awareness in
this state;
(2) provide training for educators, health care
providers, and other relevant staff on best practices for
discussing and providing information on adoption services; or
(3) develop instructional materials appropriate for
use in sex education programs that include adoption-related
curriculum.
(b) The commission may award a grant to a certified
organization under this section only if the certified organization
enters into a contract with the commission that includes conditions
providing:
(1) the commission with sufficient control to ensure
the public purpose of promoting education and awareness regarding
adoption-related services in this state is accomplished and the
state receives a return benefit; and
(2) that the organization:
(A) must use at least 75 percent of the grant
money on adoption services-related educational and awareness
activities; and
(B) may not use more than 25 percent of the grant
money for administrative expenses.
(c) The commission shall conduct an annual audit of
certified organizations to ensure compliance with this chapter.
Sec. 56.005. REQUIREMENTS FOR CERTAIN ENTITIES RECEIVING
STATE FUNDS. Under the program, the executive commissioner by rule
shall require:
(1) an entity, including a health care facility, that
receives state funding and provides pregnancy counseling or
reproductive health services to:
(A) provide the informational materials
developed under Section 56.002(b)(1) with any counseling or
treatment provided concerning reproductive health, pregnancy, or
contraception;
(B) distribute written and electronic copies of
the informational materials described by Paragraph (A); and
(C) train relevant employees, including health
care providers and social workers, on adoption laws and best
practices; and
(2) an entity, including a health care facility, that
receives state funding and provides pregnancy-related health care
services to inform each patient of available adoption services
before providing pregnancy-related health care services, including
by:
(A) verbally explaining that the patient has the
option to:
(i) choose the child's prospective adoptive
parents;
(ii) determine the degree of disclosure in
the adoption process and continuing interaction with the child
after adoption, including the option to choose that the adoption
records be kept confidential to protect the patient's identity as a
birth parent; and
(iii) seek counseling on available adoption
services and procedures before making a decision regarding the
patient's pregnancy; and
(B) providing the patient with the informational
materials developed under Section 56.002(b)(1).
Sec. 56.006. ANNUAL REPORT BY CERTIFIED ORGANIZATION. Not
later than January 31 of each year, each certified organization
shall prepare and submit to the commission a financial statement on
the allocation and use of grant money awarded to the organization
under Section 56.004.
Sec. 56.007. ANNUAL REPORT BY COMMISSION. Not later than
June 1 of each year, the commission shall submit to the chair of
each standing committee of the legislature with jurisdiction over
health, education, or adoption a report on the activities conducted
under the program, including any grants awarded under the program
in the most recent year. The report must include any
recommendations for legislative or other action.
Sec. 56.008. RULES. The executive commissioner shall adopt
rules as necessary to implement this chapter.
SECTION 4. Sections 28.002 and 28.004, Education Code, as
amended by this Act, apply beginning with the 2026-2027 school
year.
SECTION 5. Not later than December 1, 2025, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement Chapter 56, Health and Safety
Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2025.