state-matched adoption grants, handed out by certified charities

The text as introduced · 1,150 words

89R1132 MLH-D

By: Schatzline
H.B. No. 1071

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Adoption Assistance

Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 162, Family Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM

Sec. 162.751. DEFINITIONS. In this subchapter:

(1) "Adoption assistance grant" means a Texas Adoption

Assistance Program grant awarded under Section 162.759.

(2) "Certified organization" means an organization

certified under Section 162.753.

(3) "Commission" means the Health and Human Services

Commission.

(4) "Eligible parent" means a parent who meets the

requirements of Section 162.757.

(5) "Program money" means money required to be

distributed as provided by Section 162.755(a)(5)(A).

Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION;

PURPOSE. The commission shall establish and administer the Texas

Adoption Assistance Program for the purpose of encouraging the

adoption of Texas children by providing adoptive parents with

private sector and public assistance with adoption-related

expenses.

Sec. 162.753. CERTIFICATION OF ORGANIZATIONS;

PARTICIPATION IN PROGRAM. (a) The commission shall select and

certify organizations that meet the eligibility requirements of

Section 162.754 to participate in the Texas Adoption Assistance

Program.

(b) A certified organization may solicit and accept

donations and award adoption assistance grants in this state under

the conditions and limitations provided by this subchapter.

(c) The commission shall solicit applications and select

and approve new certified organizations on an ongoing basis to meet

the needs in this state.

Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS

APPLYING FOR CERTIFICATION. (a) An organization may apply to the

commission for certification under Section 162.753.

(b) An organization is eligible for certification by the

commission only if:

(1) according to the organization's charter, the

organization has the ability to award grants to eligible parents;

(2) the organization uses its annual revenue for the

purpose provided by Subdivision (1), except for a portion of the

revenue that may be used for reasonable operating expenses;

(3) the organization is exempt from federal tax under

Section 501(a), Internal Revenue Code of 1986, by being listed as an

exempt organization in Section 501(c)(3) of that code and meeting

all other applicable requirements for that exemption;

(4) the organization's mission includes providing

services or other assistance to families, women, or children; and

(5) the organization agrees to, if certified:

(A) in partnership with the state, assist

eligible parents with the payment of adoption-related expenses; and

(B) be independently audited on an annual basis

and file the audit report with the commission.

Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a)

A certified organization shall:

(1) comply at all times with the eligibility

requirements under Section 162.754(b);

(2) submit to an annual independent audit under

guidelines provided by the commission and file the audit report

with the commission;

(3) distribute all program money in the manner

provided by Section 162.759;

(4) give each donor a receipt for money donated to the

certified organization that includes the name of the certified

organization, the name of the donor, the amount of the donation, and

any other information required by the commission; and

(5) of the amount of money received from donations

made by donors for the purpose of providing adoption assistance

grants:

(A) distribute not less than 97 percent in the

form of adoption assistance grants; and

(B) use not more than three percent to pay

expenses of operating the organization.

(b) A certified organization may not provide adoption

assistance grants in a manner that does not comply with Section

162.759.

Sec. 162.756. REVOCATION OF CERTIFICATION. The commission

shall revoke a certification under Section 162.753 if the

commission finds that a certified organization:

(1) is not in compliance with the requirements of

Section 162.755; or

(2) otherwise intentionally and substantially

violates this subchapter.

Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible

for an adoption assistance grant if the person:

(1) resides in this state on the date the adoption

assistance grant is awarded;

(2) is an adoptive parent under an adoption order

granted under Section 162.016 of a child who is younger than 18

years old on September 1 of the state fiscal year in which the

adoption assistance grant is awarded; and

(3) has an annual gross household income that is not

more than $400,000.

Sec. 162.758. MAXIMUM AMOUNT OF GRANT. (a) The maximum

amount of an adoption assistance grant is:

(1) for an eligible parent or parents with an annual

gross household income of not more than $320,000, an amount equal to

50 percent of the amount of any adoption-related expenses incurred

by the parent or parents;

(2) for an eligible parent or parents with an annual

gross household income of more than $320,000 and not more than

$340,000, an amount equal to 40 percent of the amount of any

adoption-related expenses incurred by the parent or parents;

(3) for an eligible parent or parents with an annual

gross household income of more than $340,000 and not more than

$360,000, an amount equal to 30 percent of the amount of any

adoption-related expenses incurred by the parent or parents;

(4) for an eligible parent or parents with an annual

gross household income of more than $360,000 and not more than

$380,000, an amount equal to 20 percent of the amount of any

adoption-related expenses incurred by the parent or parents; and

(5) for an eligible parent or parents with an annual

gross household income of more than $380,000 and not more than

$400,000, an amount equal to 10 percent of the amount of any

adoption-related expenses incurred by the parent or parents.

(b) For purposes of this section, adoption-related expenses

are expenses incurred by the parent or parents for:

(1) legal fees for adoption paperwork;

(2) hiring legal representation;

(3) a home study under Section 264.207;

(4) adoption advertisements;

(5) adoption-related counseling;

(6) medical expenses of the birth mother;

(7) case management; or

(8) communication support, in the case of an open

adoption.

Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state

fiscal year, a certified organization shall award a number of

one-time adoption assistance grants, as determined by the

organization based on available funds, to eligible parents who

apply to the commission in the manner prescribed by commission

rule.

Sec. 162.760. STATE MATCHING FUNDS. A certified

organization that provides money for an adoption assistance grant

under this subchapter is entitled to state matching funds to be used

by the certified organization as additional money for the grant

award. If the commission determines that the amount appropriated

to the commission for a state fiscal year is not sufficient to match

all grants awarded under this subchapter, the commission shall

continue to perform the commission's other duties under this

subchapter without matching grants awarded by a certified

organization.

Sec. 162.761. RULES; PROCEDURES. The commission shall

adopt rules and procedures to implement, administer, and enforce

this subchapter.

SECTION 2. This Act takes effect September 1, 2025.