88R23032 MLH-D
 
  By: Schatzline, Noble, Spiller, Klick, H.B. No. 4138
      Bonnen, et al.
 
  Substitute the following for H.B. No. 4138:
 
  By:  Klick C.S.H.B. No. 4138
 
 
 
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
  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.
         (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 entity 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, 2023.