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.