Toth Adoption Bill Makes State-Funded Clinics Tell Patients About Adoption

The text as introduced · 1,483 words

89R14156 KRM-D

By: Toth
H.B. No. 5214

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Adoption Is an Option

Education and Awareness Program and to required adoption-related

curriculum and information.

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

SECTION 1. Section 28.002, Education Code, is amended by

adding Subsection (q) to read as follows:

(q) In adopting the essential knowledge and skills for the

health curriculum under Subsection (a)(2)(B), the State Board of

Education, in collaboration with the Health and Human Services

Commission, shall adopt essential knowledge and skills for each

grade level that address adoption, as age appropriate, and require

adoption to be discussed in conjunction with reproductive health,

parenting, and contraception.

SECTION 2. Section 28.004(e), Education Code, is amended to

read as follows:

(e) Any course materials and instruction relating to human

sexuality, sexually transmitted diseases, or human

immunodeficiency virus or acquired immune deficiency syndrome

shall be selected by the board of trustees with the advice of the

local school health advisory council and must:

(1) present abstinence from sexual activity as the

preferred choice of behavior in relationship to all sexual activity

for unmarried persons of school age;

(2) devote more attention to abstinence from sexual

activity than to any other behavior;

(3) emphasize that abstinence from sexual activity, if

used consistently and correctly, is the only method that is 100

percent effective in preventing pregnancy, sexually transmitted

diseases, infection with human immunodeficiency virus or acquired

immune deficiency syndrome, and the emotional trauma associated

with adolescent sexual activity;

(4) direct adolescents to a standard of behavior in

which abstinence from sexual activity before marriage is the most

effective way to prevent pregnancy, sexually transmitted diseases,

and infection with human immunodeficiency virus or acquired immune

deficiency syndrome; and

(5) [ teach contraception and condom use in terms of

human use reality rates instead of theoretical laboratory rates, ]

if instruction on contraception and condoms is included in

curriculum content :

(A) teach contraception and condom use in terms

of human use reality rates instead of theoretical laboratory rates;

and

(B) provide information about adoption,

including the informational materials developed by the Health and

Human Services Commission under Section 56.002(b)(1), Health and

Safety Code .

SECTION 3. Subtitle B, Title 2, Health and Safety Code, is

amended by adding Chapter 56 to read as follows:

CHAPTER 56. TEXAS ADOPTION IS AN OPTION EDUCATION AND AWARENESS

PROGRAM

Sec. 56.001. DEFINITIONS. In this chapter:

(1) "Certified organization" means a nonprofit

organization certified to participate in the program under Section

56.003.

(2) "Health care facility" means a facility licensed,

certified, or otherwise authorized to provide health care in the

ordinary course of business in this state.

(3) "Nonprofit organization" means an organization

exempt from federal income taxation under Section 501(a), Internal

Revenue Code of 1986, as an organization described by Section

501(c)(3) of that code.

(4) "Pregnancy counseling" means counseling provided

to a pregnant woman to provide information on parenting, adoption

procedures and services, and medical procedures related to the

pregnancy.

(5) "Program" means the Texas Adoption Is an Option

Education and Awareness Program established under this chapter.

Sec. 56.002. PROGRAM ESTABLISHMENT AND ADMINISTRATION. (a)

The commission, in collaboration with the Texas Education Agency,

shall establish and administer the Texas Adoption Is an Option

Education and Awareness Program to promote education and awareness

regarding adoption services in this state.

(b) Under the program, the commission shall:

(1) develop and distribute adoption-related

informational materials to entities receiving state funds that

provide contraception-related or pregnancy-related education,

health care, services, or treatment;

(2) implement a statewide public awareness campaign to

provide information on adoption services; and

(3) ensure pregnancy counseling services provided by

any entity receiving state funds include the provision of

information on adoption services.

(c) The informational materials developed by the commission

under Subsection (b)(1) must include information on:

(1) the adoption process;

(2) available adoption-related services; and

(3) a pregnant woman's options to:

(A) select the child's prospective adoptive

parents; and

(B) determine the degree of disclosure in the

adoption process and continuing interaction with the child after

adoption, including the woman's option to choose that the adoption

records be kept confidential to protect the woman's identity as a

birth parent.

(d) In establishing the program, the commission may study

and consider similar programs adopted in other states to identify

best practices for:

(1) integrating informational materials developed

under the program into public education provided in this state; and

(2) ensuring that:

(A) adoption information is included when

education regarding contraceptive options is provided by an entity

receiving state funds; and

(B) state-funded health care facilities provide

adoption information before offering or conducting a

pregnancy-related medical procedure.

Sec. 56.003. CERTIFIED ORGANIZATION SELECTION;

ELIGIBILITY. (a) The commission by rule shall establish a

procedure to select organizations that meet the eligibility

requirements established by this section to participate in the

program as certified organizations.

(b) To be eligible for selection to participate in the

program as a certified organization, an organization must:

(1) apply to the commission in the manner prescribed

by executive commissioner rule; and

(2) be a nonprofit organization that provides

adoption-related education and support services in this state.

(c) The commission shall select as many eligible

organizations to participate in the program as necessary to

implement the program.

Sec. 56.004. AWARD OF GRANT. (a) Under the program, the

commission may award a grant to a certified organization to:

(1) create and implement educational campaigns and

instructional materials to promote adoption services awareness in

this state;

(2) provide training for educators, health care

providers, and other relevant staff on best practices for

discussing and providing information on adoption services; or

(3) develop instructional materials appropriate for

use in sex education programs that include adoption-related

curriculum.

(b) The commission may award a grant to a certified

organization under this section only if the certified organization

enters into a contract with the commission that includes conditions

providing:

(1) the commission with sufficient control to ensure

the public purpose of promoting education and awareness regarding

adoption-related services in this state is accomplished and the

state receives a return benefit; and

(2) that the organization:

(A) must use at least 75 percent of the grant

money on adoption services-related educational and awareness

activities; and

(B) may not use more than 25 percent of the grant

money for administrative expenses.

(c) The commission shall conduct an annual audit of

certified organizations to ensure compliance with this chapter.

Sec. 56.005. REQUIREMENTS FOR CERTAIN ENTITIES RECEIVING

STATE FUNDS. Under the program, the executive commissioner by rule

shall require:

(1) an entity, including a health care facility, that

receives state funding and provides pregnancy counseling or

reproductive health services to:

(A) provide the informational materials

developed under Section 56.002(b)(1) with any counseling or

treatment provided concerning reproductive health, pregnancy, or

contraception;

(B) distribute written and electronic copies of

the informational materials described by Paragraph (A); and

(C) train relevant employees, including health

care providers and social workers, on adoption laws and best

practices; and

(2) an entity, including a health care facility, that

receives state funding and provides pregnancy-related health care

services to inform each patient of available adoption services

before providing pregnancy-related health care services, including

by:

(A) verbally explaining that the patient has the

option to:

(i) choose the child's prospective adoptive

parents;

(ii) determine the degree of disclosure in

the adoption process and continuing interaction with the child

after adoption, including the option to choose that the adoption

records be kept confidential to protect the patient's identity as a

birth parent; and

(iii) seek counseling on available adoption

services and procedures before making a decision regarding the

patient's pregnancy; and

(B) providing the patient with the informational

materials developed under Section 56.002(b)(1).

Sec. 56.006. ANNUAL REPORT BY CERTIFIED ORGANIZATION. Not

later than January 31 of each year, each certified organization

shall prepare and submit to the commission a financial statement on

the allocation and use of grant money awarded to the organization

under Section 56.004.

Sec. 56.007. ANNUAL REPORT BY COMMISSION. Not later than

June 1 of each year, the commission shall submit to the chair of

each standing committee of the legislature with jurisdiction over

health, education, or adoption a report on the activities conducted

under the program, including any grants awarded under the program

in the most recent year. The report must include any

recommendations for legislative or other action.

Sec. 56.008. RULES. The executive commissioner shall adopt

rules as necessary to implement this chapter.

SECTION 4. Sections 28.002 and 28.004, Education Code, as

amended by this Act, apply beginning with the 2026-2027 school

year.

SECTION 5. Not later than December 1, 2025, the executive

commissioner of the Health and Human Services Commission shall

adopt rules necessary to implement Chapter 56, Health and Safety

Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2025.