1 | 1 | | 89R3683 MLH-F |
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2 | 2 | | By: Middleton S.B. No. 327 |
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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 162.759. |
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18 | 18 | | (2) "Certified organization" means an organization |
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19 | 19 | | certified under Section 162.753. |
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20 | 20 | | (3) "Eligible parent" means a parent who meets the |
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21 | 21 | | requirements of Section 162.757. |
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22 | 22 | | (4) "Program money" means money required to be |
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23 | 23 | | distributed as provided by Section 162.755(a)(5)(A). |
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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 | | private sector and public assistance with adoption-related |
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29 | 29 | | expenses. |
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30 | 30 | | Sec. 162.753. CERTIFICATION OF ORGANIZATIONS; |
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31 | 31 | | PARTICIPATION IN PROGRAM. (a) The comptroller shall select and |
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32 | 32 | | certify organizations that meet the eligibility requirements of |
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33 | 33 | | Section 162.754 to participate in the Texas Adoption Assistance |
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34 | 34 | | Program. |
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35 | 35 | | (b) A certified organization may solicit and accept |
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36 | 36 | | donations and award adoption assistance grants in this state under |
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37 | 37 | | the conditions and limitations provided by this subchapter. |
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38 | 38 | | (c) The comptroller shall solicit applications and select |
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39 | 39 | | and approve new certified organizations on an ongoing basis to meet |
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40 | 40 | | the needs in this state. |
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41 | 41 | | Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS |
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42 | 42 | | APPLYING FOR CERTIFICATION. (a) An organization may apply to the |
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43 | 43 | | comptroller for certification under Section 162.753. |
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44 | 44 | | (b) An organization is eligible for certification by the |
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45 | 45 | | comptroller only if: |
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46 | 46 | | (1) the organization is exempt from federal tax under |
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47 | 47 | | Section 501(a), Internal Revenue Code of 1986, by being listed as an |
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48 | 48 | | exempt organization in Section 501(c)(3) of that code and meeting |
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49 | 49 | | all other applicable requirements for that exemption; |
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50 | 50 | | (2) the organization's mission includes providing |
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51 | 51 | | services or other assistance to families, women, or children; and |
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52 | 52 | | (3) the organization agrees to, if certified: |
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53 | 53 | | (A) in partnership with the state, assist |
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54 | 54 | | eligible parents with the payment of adoption-related expenses; and |
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55 | 55 | | (B) be independently audited on an annual basis |
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56 | 56 | | and file the audit report with the comptroller. |
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57 | 57 | | Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a) |
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58 | 58 | | A certified organization shall: |
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59 | 59 | | (1) comply at all times with the eligibility |
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60 | 60 | | requirements under Section 162.754(b); |
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61 | 61 | | (2) submit to an annual independent audit under |
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62 | 62 | | guidelines provided by the comptroller and file the audit report |
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63 | 63 | | with the comptroller; |
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64 | 64 | | (3) distribute all program money in the manner |
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65 | 65 | | provided by Section 162.759; |
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66 | 66 | | (4) give each donor a receipt for money donated to the |
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67 | 67 | | certified organization that includes the name of the certified |
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68 | 68 | | organization, the name of the donor, the amount of the donation, and |
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69 | 69 | | any other information required by the comptroller; and |
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70 | 70 | | (5) of the amount of money received from donations |
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71 | 71 | | made by donors for the purpose of providing adoption assistance |
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72 | 72 | | grants: |
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73 | 73 | | (A) distribute not less than 97 percent in the |
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74 | 74 | | form of adoption assistance grants; and |
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75 | 75 | | (B) use not more than three percent to pay |
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76 | 76 | | expenses of operating the organization. |
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77 | 77 | | (b) A certified organization may not provide adoption |
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78 | 78 | | assistance grants in a manner that does not comply with Section |
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79 | 79 | | 162.759. |
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80 | 80 | | Sec. 162.756. REVOCATION OF CERTIFICATION. The comptroller |
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81 | 81 | | shall revoke a certification under Section 162.753 if the |
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82 | 82 | | comptroller finds that a certified organization: |
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83 | 83 | | (1) is not in compliance with the requirements of |
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84 | 84 | | Section 162.755; or |
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85 | 85 | | (2) otherwise intentionally and substantially |
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86 | 86 | | violates this subchapter. |
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87 | 87 | | Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible |
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88 | 88 | | for an adoption assistance grant if the person: |
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89 | 89 | | (1) resides in this state on the date the adoption |
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90 | 90 | | assistance grant is awarded; |
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91 | 91 | | (2) is an adoptive parent under an adoption order |
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92 | 92 | | granted under Section 162.016 of a child who is younger than 18 |
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93 | 93 | | years old on September 1 of the state fiscal year in which the |
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94 | 94 | | adoption assistance grant is awarded; and |
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95 | 95 | | (3) has an annual gross household income that is not |
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96 | 96 | | more than $150,000. |
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97 | 97 | | Sec. 162.758. MAXIMUM AMOUNT OF GRANT. The maximum amount |
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98 | 98 | | of an adoption assistance grant is: |
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99 | 99 | | (1) for an eligible parent or parents with an annual |
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100 | 100 | | gross household income of not more than $110,000, an amount equal to |
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101 | 101 | | 50 percent of the amount of any adoption-related expenses incurred |
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102 | 102 | | by the parent or parents; |
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103 | 103 | | (2) for an eligible parent or parents with an annual |
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104 | 104 | | gross household income of more than $110,000 and not more than |
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105 | 105 | | $130,000, an amount equal to 30 percent of the amount of any |
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106 | 106 | | adoption-related expenses incurred by the parent or parents; and |
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107 | 107 | | (3) for an eligible parent or parents with an annual |
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108 | 108 | | gross household income of more than $130,000 and not more than |
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109 | 109 | | $150,000, an amount equal to 10 percent of the amount of any |
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110 | 110 | | adoption-related expenses incurred by the parent or parents. |
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111 | 111 | | Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state |
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112 | 112 | | fiscal year, a certified organization shall award a number of |
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113 | 113 | | one-time adoption assistance grants, as determined by the |
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114 | 114 | | organization based on available funds, to eligible parents who |
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115 | 115 | | apply to the comptroller in the manner prescribed by comptroller |
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116 | 116 | | rule. |
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117 | 117 | | Sec. 162.760. STATE MATCHING FUNDS. A certified |
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118 | 118 | | organization that provides money for an adoption assistance grant |
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119 | 119 | | under this subchapter is entitled to state matching funds to be used |
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120 | 120 | | by the certified organization as additional money for the grant |
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121 | 121 | | award. If the comptroller determines that the amount appropriated |
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122 | 122 | | to the comptroller for a state fiscal year is not sufficient to |
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123 | 123 | | match all grants awarded under this subchapter, the comptroller |
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124 | 124 | | shall continue to perform the comptroller's other duties under this |
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125 | 125 | | subchapter without matching grants awarded by a certified |
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126 | 126 | | organization. |
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127 | 127 | | Sec. 162.761. RULES; PROCEDURES. The comptroller shall |
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128 | 128 | | adopt rules and procedures to implement, administer, and enforce |
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129 | 129 | | this subchapter. |
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130 | 130 | | SECTION 2. This Act takes effect September 1, 2025. |
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