Texas 2025 - 89th Regular

Texas House Bill HB5214 Compare Versions

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

Old	New	Differences
1	1	89R14156 KRM-D
2	2	By: Toth H.B. No. 5214
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Texas Adoption Is an Option
10	10	Education and Awareness Program and to required adoption-related
11	11	curriculum and information.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28.002, Education Code, is amended by
14	14	adding Subsection (q) to read as follows:
15	15	(q) In adopting the essential knowledge and skills for the
16	16	health curriculum under Subsection (a)(2)(B), the State Board of
17	17	Education, in collaboration with the Health and Human Services
18	18	Commission, shall adopt essential knowledge and skills for each
19	19	grade level that address adoption, as age appropriate, and require
20	20	adoption to be discussed in conjunction with reproductive health,
21	21	parenting, and contraception.
22	22	SECTION 2. Section 28.004(e), Education Code, is amended to
23	23	read as follows:
24	24	(e) Any course materials and instruction relating to human
25	25	sexuality, sexually transmitted diseases, or human
26	26	immunodeficiency virus or acquired immune deficiency syndrome
27	27	shall be selected by the board of trustees with the advice of the
28	28	local school health advisory council and must:
29	29	(1) present abstinence from sexual activity as the
30	30	preferred choice of behavior in relationship to all sexual activity
31	31	for unmarried persons of school age;
32	32	(2) devote more attention to abstinence from sexual
33	33	activity than to any other behavior;
34	34	(3) emphasize that abstinence from sexual activity, if
35	35	used consistently and correctly, is the only method that is 100
36	36	percent effective in preventing pregnancy, sexually transmitted
37	37	diseases, infection with human immunodeficiency virus or acquired
38	38	immune deficiency syndrome, and the emotional trauma associated
39	39	with adolescent sexual activity;
40	40	(4) direct adolescents to a standard of behavior in
41	41	which abstinence from sexual activity before marriage is the most
42	42	effective way to prevent pregnancy, sexually transmitted diseases,
43	43	and infection with human immunodeficiency virus or acquired immune
44	44	deficiency syndrome; and
45	45	(5) [teach contraception and condom use in terms of
46	46	human use reality rates instead of theoretical laboratory rates,]
47	47	if instruction on contraception and condoms is included in
48	48	curriculum content:
49	49	(A) teach contraception and condom use in terms
50	50	of human use reality rates instead of theoretical laboratory rates;
51	51	and
52	52	(B) provide information about adoption,
53	53	including the informational materials developed by the Health and
54	54	Human Services Commission under Section 56.002(b)(1), Health and
55	55	Safety Code.
56	56	SECTION 3. Subtitle B, Title 2, Health and Safety Code, is
57	57	amended by adding Chapter 56 to read as follows:
58	58	CHAPTER 56. TEXAS ADOPTION IS AN OPTION EDUCATION AND AWARENESS
59	59	PROGRAM
60	60	Sec. 56.001. DEFINITIONS. In this chapter:
61	61	(1) "Certified organization" means a nonprofit
62	62	organization certified to participate in the program under Section
63	63	56.003.
64	64	(2) "Health care facility" means a facility licensed,
65	65	certified, or otherwise authorized to provide health care in the
66	66	ordinary course of business in this state.
67	67	(3) "Nonprofit organization" means an organization
68	68	exempt from federal income taxation under Section 501(a), Internal
69	69	Revenue Code of 1986, as an organization described by Section
70	70	501(c)(3) of that code.
71	71	(4) "Pregnancy counseling" means counseling provided
72	72	to a pregnant woman to provide information on parenting, adoption
73	73	procedures and services, and medical procedures related to the
74	74	pregnancy.
75	75	(5) "Program" means the Texas Adoption Is an Option
76	76	Education and Awareness Program established under this chapter.
77	77	Sec. 56.002. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a)
78	78	The commission, in collaboration with the Texas Education Agency,
79	79	shall establish and administer the Texas Adoption Is an Option
80	80	Education and Awareness Program to promote education and awareness
81	81	regarding adoption services in this state.
82	82	(b) Under the program, the commission shall:
83	83	(1) develop and distribute adoption-related
84	84	informational materials to entities receiving state funds that
85	85	provide contraception-related or pregnancy-related education,
86	86	health care, services, or treatment;
87	87	(2) implement a statewide public awareness campaign to
88	88	provide information on adoption services; and
89	89	(3) ensure pregnancy counseling services provided by
90	90	any entity receiving state funds include the provision of
91	91	information on adoption services.
92	92	(c) The informational materials developed by the commission
93	93	under Subsection (b)(1) must include information on:
94	94	(1) the adoption process;
95	95	(2) available adoption-related services; and
96	96	(3) a pregnant woman's options to:
97	97	(A) select the child's prospective adoptive
98	98	parents; and
99	99	(B) determine the degree of disclosure in the
100	100	adoption process and continuing interaction with the child after
101	101	adoption, including the woman's option to choose that the adoption
102	102	records be kept confidential to protect the woman's identity as a
103	103	birth parent.
104	104	(d) In establishing the program, the commission may study
105	105	and consider similar programs adopted in other states to identify
106	106	best practices for:
107	107	(1) integrating informational materials developed
108	108	under the program into public education provided in this state; and
109	109	(2) ensuring that:
110	110	(A) adoption information is included when
111	111	education regarding contraceptive options is provided by an entity
112	112	receiving state funds; and
113	113	(B) state-funded health care facilities provide
114	114	adoption information before offering or conducting a
115	115	pregnancy-related medical procedure.
116	116	Sec. 56.003. CERTIFIED ORGANIZATION SELECTION;
117	117	ELIGIBILITY. (a) The commission by rule shall establish a
118	118	procedure to select organizations that meet the eligibility
119	119	requirements established by this section to participate in the
120	120	program as certified organizations.
121	121	(b) To be eligible for selection to participate in the
122	122	program as a certified organization, an organization must:
123	123	(1) apply to the commission in the manner prescribed
124	124	by executive commissioner rule; and
125	125	(2) be a nonprofit organization that provides
126	126	adoption-related education and support services in this state.
127	127	(c) The commission shall select as many eligible
128	128	organizations to participate in the program as necessary to
129	129	implement the program.
130	130	Sec. 56.004. AWARD OF GRANT. (a) Under the program, the
131	131	commission may award a grant to a certified organization to:
132	132	(1) create and implement educational campaigns and
133	133	instructional materials to promote adoption services awareness in
134	134	this state;
135	135	(2) provide training for educators, health care
136	136	providers, and other relevant staff on best practices for
137	137	discussing and providing information on adoption services; or
138	138	(3) develop instructional materials appropriate for
139	139	use in sex education programs that include adoption-related
140	140	curriculum.
141	141	(b) The commission may award a grant to a certified
142	142	organization under this section only if the certified organization
143	143	enters into a contract with the commission that includes conditions
144	144	providing:
145	145	(1) the commission with sufficient control to ensure
146	146	the public purpose of promoting education and awareness regarding
147	147	adoption-related services in this state is accomplished and the
148	148	state receives a return benefit; and
149	149	(2) that the organization:
150	150	(A) must use at least 75 percent of the grant
151	151	money on adoption services-related educational and awareness
152	152	activities; and
153	153	(B) may not use more than 25 percent of the grant
154	154	money for administrative expenses.
155	155	(c) The commission shall conduct an annual audit of
156	156	certified organizations to ensure compliance with this chapter.
157	157	Sec. 56.005. REQUIREMENTS FOR CERTAIN ENTITIES RECEIVING
158	158	STATE FUNDS. Under the program, the executive commissioner by rule
159	159	shall require:
160	160	(1) an entity, including a health care facility, that
161	161	receives state funding and provides pregnancy counseling or
162	162	reproductive health services to:
163	163	(A) provide the informational materials
164	164	developed under Section 56.002(b)(1) with any counseling or
165	165	treatment provided concerning reproductive health, pregnancy, or
166	166	contraception;
167	167	(B) distribute written and electronic copies of
168	168	the informational materials described by Paragraph (A); and
169	169	(C) train relevant employees, including health
170	170	care providers and social workers, on adoption laws and best
171	171	practices; and
172	172	(2) an entity, including a health care facility, that
173	173	receives state funding and provides pregnancy-related health care
174	174	services to inform each patient of available adoption services
175	175	before providing pregnancy-related health care services, including
176	176	by:
177	177	(A) verbally explaining that the patient has the
178	178	option to:
179	179	(i) choose the child's prospective adoptive
180	180	parents;
181	181	(ii) determine the degree of disclosure in
182	182	the adoption process and continuing interaction with the child
183	183	after adoption, including the option to choose that the adoption
184	184	records be kept confidential to protect the patient's identity as a
185	185	birth parent; and
186	186	(iii) seek counseling on available adoption
187	187	services and procedures before making a decision regarding the
188	188	patient's pregnancy; and
189	189	(B) providing the patient with the informational
190	190	materials developed under Section 56.002(b)(1).
191	191	Sec. 56.006. ANNUAL REPORT BY CERTIFIED ORGANIZATION. Not
192	192	later than January 31 of each year, each certified organization
193	193	shall prepare and submit to the commission a financial statement on
194	194	the allocation and use of grant money awarded to the organization
195	195	under Section 56.004.
196	196	Sec. 56.007. ANNUAL REPORT BY COMMISSION. Not later than
197	197	June 1 of each year, the commission shall submit to the chair of
198	198	each standing committee of the legislature with jurisdiction over
199	199	health, education, or adoption a report on the activities conducted
200	200	under the program, including any grants awarded under the program
201	201	in the most recent year. The report must include any
202	202	recommendations for legislative or other action.
203	203	Sec. 56.008. RULES. The executive commissioner shall adopt
204	204	rules as necessary to implement this chapter.
205	205	SECTION 4. Sections 28.002 and 28.004, Education Code, as
206	206	amended by this Act, apply beginning with the 2026-2027 school
207	207	year.
208	208	SECTION 5. Not later than December 1, 2025, the executive
209	209	commissioner of the Health and Human Services Commission shall
210	210	adopt rules necessary to implement Chapter 56, Health and Safety
211	211	Code, as added by this Act.
212	212	SECTION 6. This Act takes effect September 1, 2025.