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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Adoption Assistance |
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Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 162, Family Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TEXAS ADOPTION ASSISTANCE PROGRAM |
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Sec. 162.751. DEFINITIONS. In this subchapter: |
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(1) "Adoption assistance grant" means a Texas Adoption |
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Assistance Program grant awarded under Section 162.759. |
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(2) "Certified organization" means an organization |
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certified under Section 162.753. |
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(3) "Commission" means the Health and Human Services |
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Commission. |
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(4) "Eligible parent" means a parent who meets the |
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requirements of Section 162.757. |
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(5) "Program money" means money required to be |
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distributed as provided by Section 162.755(a)(5)(A). |
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Sec. 162.752. PROGRAM ESTABLISHMENT AND ADMINISTRATION; |
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PURPOSE. The commission shall establish and administer the Texas |
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Adoption Assistance Program for the purpose of encouraging the |
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adoption of Texas children by providing adoptive parents with |
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private sector and public assistance with adoption-related |
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expenses. |
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Sec. 162.753. CERTIFICATION OF ORGANIZATIONS; |
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PARTICIPATION IN PROGRAM. (a) The commission shall select and |
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certify organizations that meet the eligibility requirements of |
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Section 162.754 to participate in the Texas Adoption Assistance |
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Program. |
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(b) A certified organization may solicit and accept |
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donations and award adoption assistance grants in this state under |
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the conditions and limitations provided by this subchapter. |
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(c) The commission shall solicit applications and select |
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and approve new certified organizations on an ongoing basis to meet |
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the needs in this state. |
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Sec. 162.754. ELIGIBILITY REQUIREMENTS FOR ORGANIZATIONS |
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APPLYING FOR CERTIFICATION. (a) An organization may apply to the |
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commission for certification under Section 162.753. |
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(b) An organization is eligible for certification by the |
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commission only if: |
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(1) according to the organization's charter, the |
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organization has the ability to award grants to eligible parents; |
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(2) the organization uses its annual revenue for the |
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purpose provided by Subdivision (1), except for a portion of the |
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revenue that may be used for reasonable operating expenses; |
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(3) the organization is exempt from federal tax under |
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Section 501(a), Internal Revenue Code of 1986, by being listed as an |
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exempt organization in Section 501(c)(3) of that code and meeting |
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all other applicable requirements for that exemption; |
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(4) the organization's mission includes providing |
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services or other assistance to families, women, or children; and |
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(5) the organization agrees to, if certified: |
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(A) in partnership with the state, assist |
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eligible parents with the payment of adoption-related expenses; and |
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(B) be independently audited on an annual basis |
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and file the audit report with the commission. |
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Sec. 162.755. REQUIREMENTS FOR CERTIFIED ORGANIZATION. (a) |
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A certified organization shall: |
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(1) comply at all times with the eligibility |
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requirements under Section 162.754(b); |
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(2) submit to an annual independent audit under |
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guidelines provided by the commission and file the audit report |
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with the commission; |
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(3) distribute all program money in the manner |
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provided by Section 162.759; |
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(4) give each donor a receipt for money donated to the |
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certified organization that includes the name of the certified |
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organization, the name of the donor, the amount of the donation, and |
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any other information required by the commission; and |
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(5) of the amount of money received from donations |
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made by donors for the purpose of providing adoption assistance |
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grants: |
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(A) distribute not less than 97 percent in the |
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form of adoption assistance grants; and |
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(B) use not more than three percent to pay |
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expenses of operating the organization. |
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(b) A certified organization may not provide adoption |
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assistance grants in a manner that does not comply with Section |
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162.759. |
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Sec. 162.756. REVOCATION OF CERTIFICATION. The commission |
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shall revoke a certification under Section 162.753 if the |
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commission finds that a certified organization: |
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(1) is not in compliance with the requirements of |
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Section 162.755; or |
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(2) otherwise intentionally and substantially |
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violates this subchapter. |
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Sec. 162.757. ELIGIBILITY OF PARENTS. A person is eligible |
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for an adoption assistance grant if the person: |
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(1) resides in this state on the date the adoption |
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assistance grant is awarded; |
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(2) is an adoptive parent under an adoption order |
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granted under Section 162.016 of a child who is younger than 18 |
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years old on September 1 of the state fiscal year in which the |
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adoption assistance grant is awarded; and |
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(3) has an annual gross household income that is not |
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more than $400,000. |
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Sec. 162.758. MAXIMUM AMOUNT OF GRANT. (a) The maximum |
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amount of an adoption assistance grant is: |
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(1) for an eligible parent or parents with an annual |
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gross household income of not more than $320,000, an amount equal to |
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half of the amount of any adoption-related expenses incurred by the |
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parent or parents; |
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(2) for an eligible parent or parents with an annual |
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gross household income of more than $320,000 and not more than |
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$340,000, an amount equal to 40 percent of the amount of any |
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adoption-related expenses incurred by the parent or parents; |
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(3) for an eligible parent or parents with an annual |
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gross household income of more than $340,000 and not more than |
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$360,000, an amount equal to 30 percent of the amount of any |
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adoption-related expenses incurred by the parent or parents; |
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(4) for an eligible parent or parents with an annual |
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gross household income of more than $360,000 and not more than |
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$380,000, an amount equal to 20 percent of the amount of any |
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adoption-related expenses incurred by the parent or parents; and |
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(5) for an eligible parent or parents with an annual |
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gross household income of more than $380,000 and not more than |
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$400,000, an amount equal to 10 percent of the amount of any |
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adoption-related expenses incurred by the parent or parents. |
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(b) For purposes of this section, adoption-related expenses |
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are expenses incurred by the parent or parents for: |
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(1) legal fees for adoption paperwork; |
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(2) hiring legal representation; |
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(3) a home study under Section 264.207; |
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(4) adoption advertisements; |
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(5) adoption-related counseling; |
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(6) medical expenses of the birth mother; |
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(7) case management; or |
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(8) communication support, in the case of an open |
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adoption. |
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Sec. 162.759. APPLICATION; AWARD OF GRANTS. Each state |
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fiscal year, a certified organization shall award a number of |
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one-time adoption assistance grants, as determined by the |
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organization based on available funds, to eligible parents who |
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apply to the commission in the manner prescribed by commission |
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rule. |
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Sec. 162.760. STATE MATCHING FUNDS. A certified |
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organization that provides money for an adoption assistance grant |
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under this subchapter is entitled to state matching funds to be used |
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by the certified entity as additional money for the grant award. If |
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the commission determines that the amount appropriated to the |
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commission for a state fiscal year is not sufficient to match all |
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grants awarded under this subchapter, the commission shall continue |
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to perform the commission's other duties under this subchapter |
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without matching grants awarded by a certified organization. |
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Sec. 162.761. RULES; PROCEDURES. The commission shall |
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adopt rules and procedures to implement, administer, and enforce |
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this subchapter. |
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SECTION 2. This Act takes effect September 1, 2023. |