HB1071 - Relating to the establishment of the Texas Adoption Assistance Program.

  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.