Bill Text: TX HB4138 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to the establishment of the Texas Adoption Assistance Program.

Spectrum: Partisan Bill (Republican 32-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4138 Detail]

Download: Texas-2023-HB4138-Comm_Sub.html

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88R23032 MLH-D
By: Schatzline, Noble, Spiller, Klick, H.B. No. 4138
Bonnen, et al.
Substitute the following for H.B. No. 4138:
By: Klick C.S.H.B. No. 4138

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
half 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 entity 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, 2023.