Bill Text: TX HB4138 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R9839 MLH-D | ||
By: Schatzline | H.B. No. 4138 |
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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) "Eligible parent" means a parent who meets the | ||
requirements of Section 162.757. | ||
(4) "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 comptroller 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 comptroller 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 comptroller 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 | ||
comptroller for certification under Section 162.753. | ||
(b) An organization is eligible for certification by the | ||
comptroller only if: | ||
(1) 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; | ||
(2) the organization's mission includes providing | ||
services or other assistance to families, women, or children; and | ||
(3) 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 comptroller. | ||
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 comptroller and file the audit report | ||
with the comptroller; | ||
(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 comptroller; 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 comptroller | ||
shall revoke a certification under Section 162.753 if the | ||
comptroller 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. 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. | ||
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 comptroller in the manner prescribed by comptroller | ||
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 comptroller determines that the amount appropriated to the | ||
comptroller for a state fiscal year is not sufficient to match all | ||
grants awarded under this subchapter, the comptroller shall | ||
continue to perform the comptroller's other duties under this | ||
subchapter without matching grants awarded by a certified | ||
organization. | ||
Sec. 162.761. RULES; PROCEDURES. The comptroller shall | ||
adopt rules and procedures to implement, administer, and enforce | ||
this subchapter. | ||
SECTION 2. This Act takes effect September 1, 2023. |