HB5214 - Relating to the creation of the Texas Adoption Is an Option Education and Awareness Program and to required adoption-related curriculum and information.

  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:                    & [Text truncated for display. 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