1 | 1 | | 89R9026 MLH-D |
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2 | 2 | | By: Hancock S.B. No. 2040 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of the Texas Adoption Assistance |
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10 | 10 | | Program. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 162, Family Code, is amended by adding |
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13 | 13 | | Subchapter I to read as follows: |
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14 | 14 | | SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM |
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15 | 15 | | Sec. 162.751. DEFINITIONS. In this subchapter: |
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16 | 16 | | (1) "Adoption assistance grant" means a Texas Adoption |
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17 | 17 | | Assistance Program grant awarded under Section 162.755. |
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18 | 18 | | (2) "Comptroller" means the comptroller of public |
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19 | 19 | | accounts. |
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20 | 20 | | (3) "Eligible parent" means a parent who meets the |
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21 | 21 | | requirements of Section 162.753. |
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22 | 22 | | (4) "Program" means the Texas Adoption Assistance |
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23 | 23 | | Program established under this subchapter. |
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24 | 24 | | Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION; |
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25 | 25 | | PURPOSE. The comptroller shall establish and administer the Texas |
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26 | 26 | | Adoption Assistance Program for the purpose of encouraging the |
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27 | 27 | | adoption of Texas children by providing adoptive parents with |
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28 | 28 | | assistance with adoption-related expenses. |
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29 | 29 | | Sec. 162.753. ELIGIBILITY OF PARENTS. A person is eligible |
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30 | 30 | | for an adoption assistance grant under the program if the person: |
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31 | 31 | | (1) resides in this state on the date the adoption |
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32 | 32 | | assistance grant is awarded; |
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33 | 33 | | (2) is an adoptive parent under an adoption granted |
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34 | 34 | | under Section 162.016 of a child who: |
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35 | 35 | | (A) is younger than 18 years of age on September 1 |
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36 | 36 | | of the state fiscal year in which the adoption assistance grant is |
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37 | 37 | | awarded; |
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38 | 38 | | (B) resided in this state as part of this state's |
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39 | 39 | | foster care system; and |
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40 | 40 | | (C) is not the biological child of the adoptive |
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41 | 41 | | parent's spouse; |
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42 | 42 | | (3) applies for a grant under Section 162.755 not |
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43 | 43 | | later than the first anniversary of the date the adoption under |
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44 | 44 | | Section 162.016 is granted; and |
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45 | 45 | | (4) has an annual gross household income that is not |
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46 | 46 | | more than $250,000. |
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47 | 47 | | Sec. 162.754. MAXIMUM AMOUNT OF GRANT. (a) The maximum |
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48 | 48 | | amount of an adoption assistance grant is: |
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49 | 49 | | (1) for an eligible parent or parents with an annual |
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50 | 50 | | gross household income of not more than $100,000, an amount equal to |
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51 | 51 | | 50 percent of the amount of any adoption-related expenses incurred |
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52 | 52 | | by the parent or parents; |
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53 | 53 | | (2) for an eligible parent or parents with an annual |
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54 | 54 | | gross household income of more than $100,000 and not more than |
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55 | 55 | | $150,000, an amount equal to 40 percent of the amount of any |
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56 | 56 | | adoption-related expenses incurred by the parent or parents; |
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57 | 57 | | (3) for an eligible parent or parents with an annual |
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58 | 58 | | gross household income of more than $150,000 and not more than |
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59 | 59 | | $200,000, an amount equal to 25 percent of the amount of any |
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60 | 60 | | adoption-related expenses incurred by the parent or parents; and |
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61 | 61 | | (4) for an eligible parent or parents with an annual |
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62 | 62 | | gross household income of more than $200,000 and not more than |
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63 | 63 | | $250,000, an amount equal to 10 percent of the amount of any |
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64 | 64 | | adoption-related expenses incurred by the parent or parents. |
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65 | 65 | | (b) For purposes of this section, adoption-related expenses |
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66 | 66 | | are expenses incurred by the parent or parents for: |
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67 | 67 | | (1) legal fees for adoption paperwork; |
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68 | 68 | | (2) hiring legal representation; |
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69 | 69 | | (3) a home study under Section 264.207; |
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70 | 70 | | (4) adoption advertisements; |
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71 | 71 | | (5) adoption fees; |
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72 | 72 | | (6) medical expenses of the birth mother; |
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73 | 73 | | (7) case management; or |
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74 | 74 | | (8) communication support, in the case of an open |
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75 | 75 | | adoption. |
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76 | 76 | | Sec. 162.755. APPLICATION; AWARD OF GRANTS. Each state |
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77 | 77 | | fiscal year, the comptroller shall award under the program a number |
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78 | 78 | | of one-time adoption assistance grants, as determined by the |
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79 | 79 | | comptroller based on available funds, to eligible parents who apply |
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80 | 80 | | to the comptroller in the manner prescribed by comptroller rule. |
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81 | 81 | | Sec. 162.756. COLLABORATION WITH OTHER AGENCIES. (a) The |
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82 | 82 | | comptroller shall collaborate with the Health and Human Services |
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83 | 83 | | Commission and the Department of Family and Protective Services to |
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84 | 84 | | promote the program to families, adoption agencies, hospitals, |
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85 | 85 | | faith-based organizations, and other applicable stakeholders. |
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86 | 86 | | (b) The Department of Family and Protective Services shall |
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87 | 87 | | provide information about the program in adoption materials and in |
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88 | 88 | | meetings with prospective adoptive parents. |
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89 | 89 | | Sec. 162.757. RULES; PROCEDURES. (a) The comptroller |
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90 | 90 | | shall adopt rules and procedures to implement and administer this |
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91 | 91 | | subchapter, including rules for: |
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92 | 92 | | (1) the application process; and |
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93 | 93 | | (2) the process for documenting expenses made under |
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94 | 94 | | the program. |
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95 | 95 | | (b) The Health and Human Services Commission and the |
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96 | 96 | | Department of Family and Protective Services may adopt rules to |
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97 | 97 | | assist the comptroller in administering the program. |
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98 | 98 | | Sec. 162.758. REPORT. (a) Not later than December 1, 2026, |
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99 | 99 | | the comptroller, in consultation with the Health and Human Services |
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100 | 100 | | Commission and the Department of Family and Protective Services, |
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101 | 101 | | shall submit to the legislature a report on the outcomes and status |
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102 | 102 | | of the program. The report must include any recommendations for |
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103 | 103 | | future needs of the program. |
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104 | 104 | | (b) This section expires January 1, 2027. |
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105 | 105 | | SECTION 2. This Act takes effect September 1, 2025. |
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