Texas 2025 - 89th Regular

Texas Senate Bill SB327 Compare Versions

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11 89R3683 MLH-F
22 By: Middleton S.B. No. 327
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of the Texas Adoption Assistance
1010 Program.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 162, Family Code, is amended by adding
1313 Subchapter I to read as follows:
1414 SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM
1515 Sec. 162.751. DEFINITIONS. In this subchapter:
1616 (1) "Adoption assistance grant" means a Texas Adoption
1717 Assistance Program grant awarded under Section 162.759.
1818 (2) "Certified organization" means an organization
1919 certified under Section 162.753.
2020 (3) "Eligible parent" means a parent who meets the
2121 requirements of Section 162.757.
2222 (4) "Program money" means money required to be
2323 distributed as provided by Section 162.755(a)(5)(A).
2424 Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;
2525 PURPOSE. The comptroller shall establish and administer the Texas
2626 Adoption Assistance Program for the purpose of encouraging the
2727 adoption of Texas children by providing adoptive parents with
2828 private sector and public assistance with adoption-related
2929 expenses.
3030 Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;
3131 PARTICIPATION IN PROGRAM. (a) The comptroller shall select and
3232 certify organizations that meet the eligibility requirements of
3333 Section 162.754 to participate in the Texas Adoption Assistance
3434 Program.
3535 (b) A certified organization may solicit and accept
3636 donations and award adoption assistance grants in this state under
3737 the conditions and limitations provided by this subchapter.
3838 (c) The comptroller shall solicit applications and select
3939 and approve new certified organizations on an ongoing basis to meet
4040 the needs in this state.
4141 Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS
4242 APPLYING FOR CERTIFICATION. (a) An organization may apply to the
4343 comptroller for certification under Section 162.753.
4444 (b) An organization is eligible for certification by the
4545 comptroller only if:
4646 (1) the organization is exempt from federal tax under
4747 Section 501(a), Internal Revenue Code of 1986, by being listed as an
4848 exempt organization in Section 501(c)(3) of that code and meeting
4949 all other applicable requirements for that exemption;
5050 (2) the organization's mission includes providing
5151 services or other assistance to families, women, or children; and
5252 (3) the organization agrees to, if certified:
5353 (A) in partnership with the state, assist
5454 eligible parents with the payment of adoption-related expenses; and
5555 (B) be independently audited on an annual basis
5656 and file the audit report with the comptroller.
5757 Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)
5858 A certified organization shall:
5959 (1) comply at all times with the eligibility
6060 requirements under Section 162.754(b);
6161 (2) submit to an annual independent audit under
6262 guidelines provided by the comptroller and file the audit report
6363 with the comptroller;
6464 (3) distribute all program money in the manner
6565 provided by Section 162.759;
6666 (4) give each donor a receipt for money donated to the
6767 certified organization that includes the name of the certified
6868 organization, the name of the donor, the amount of the donation, and
6969 any other information required by the comptroller; and
7070 (5) of the amount of money received from donations
7171 made by donors for the purpose of providing adoption assistance
7272 grants:
7373 (A) distribute not less than 97 percent in the
7474 form of adoption assistance grants; and
7575 (B) use not more than three percent to pay
7676 expenses of operating the organization.
7777 (b) A certified organization may not provide adoption
7878 assistance grants in a manner that does not comply with Section
7979 162.759.
8080 Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller
8181 shall revoke a certification under Section 162.753 if the
8282 comptroller finds that a certified organization:
8383 (1) is not in compliance with the requirements of
8484 Section 162.755; or
8585 (2) otherwise intentionally and substantially
8686 violates this subchapter.
8787 Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible
8888 for an adoption assistance grant if the person:
8989 (1) resides in this state on the date the adoption
9090 assistance grant is awarded;
9191 (2) is an adoptive parent under an adoption order
9292 granted under Section 162.016 of a child who is younger than 18
9393 years old on September 1 of the state fiscal year in which the
9494 adoption assistance grant is awarded; and
9595 (3) has an annual gross household income that is not
9696 more than $150,000.
9797 Sec. 162.758. MAXIMUM AMOUNT OF GRANT. The maximum amount
9898 of an adoption assistance grant is:
9999 (1) for an eligible parent or parents with an annual
100100 gross household income of not more than $110,000, an amount equal to
101101 50 percent of the amount of any adoption-related expenses incurred
102102 by the parent or parents;
103103 (2) for an eligible parent or parents with an annual
104104 gross household income of more than $110,000 and not more than
105105 $130,000, an amount equal to 30 percent of the amount of any
106106 adoption-related expenses incurred by the parent or parents; and
107107 (3) for an eligible parent or parents with an annual
108108 gross household income of more than $130,000 and not more than
109109 $150,000, an amount equal to 10 percent of the amount of any
110110 adoption-related expenses incurred by the parent or parents.
111111 Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state
112112 fiscal year, a certified organization shall award a number of
113113 one-time adoption assistance grants, as determined by the
114114 organization based on available funds, to eligible parents who
115115 apply to the comptroller in the manner prescribed by comptroller
116116 rule.
117117 Sec. 162.760. STATE MATCHING FUNDS. A certified
118118 organization that provides money for an adoption assistance grant
119119 under this subchapter is entitled to state matching funds to be used
120120 by the certified organization as additional money for the grant
121121 award. If the comptroller determines that the amount appropriated
122122 to the comptroller for a state fiscal year is not sufficient to
123123 match all grants awarded under this subchapter, the comptroller
124124 shall continue to perform the comptroller's other duties under this
125125 subchapter without matching grants awarded by a certified
126126 organization.
127127 Sec. 162.761. RULES; PROCEDURES. The comptroller shall
128128 adopt rules and procedures to implement, administer, and enforce
129129 this subchapter.
130130 SECTION 2. This Act takes effect September 1, 2025.