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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment by prospective adoptive parents of certain |
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expenses of the birth mother. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 162, Family Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. DIRECT PAYMENT OF CERTAIN BIRTH MOTHER EXPENSES |
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Sec. 162.651. DEFINITION. In this subchapter, "birth |
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parent" has the meaning assigned by Section 162.402. |
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Sec. 162.652. REQUEST FOR PAYMENT OF EXPENSES. (a) A birth |
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parent may make a written request to a licensed attorney |
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representing the prospective adoptive parent or parents for payment |
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of expenses of the birth mother, including attorney fees, medical |
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fees and expenses, counseling fees, or necessary pregnancy-related |
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expenses, incurred in connection with the pregnancy, the child's |
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birth, the placement of the child with the adoptive parent or |
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parents, or the adoption. |
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(b) The birth parent shall provide the licensed attorney |
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representing the prospective adoptive parent or parents written |
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receipts for any money provided pursuant to a request under |
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Subsection (a). |
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Sec. 162.653. ACCOUNTING. (a) Before the date set for the |
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hearing on the petition for adoption, the licensed attorney |
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representing the prospective adoptive parent or parents shall file |
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with the court a full accounting report of all disbursements made or |
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agreed to be made under Section 162.652(a). |
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(b) The accounting must be itemized and for each expense |
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show the date and the ultimate recipient of the funds. |
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Sec. 162.654. NONAPPLICABILITY. This subchapter does not |
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apply to an adoption by a stepparent in which one birth parent or |
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adoptive parent retains conservatorship of the child. |
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SECTION 2. Section 25.08(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an exception to the application of this section |
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that the thing of value is: |
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(1) a fee or reimbursement paid to a child-placing |
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agency as authorized by law; |
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(2) a fee paid to an attorney, social worker, mental |
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health professional, or physician for services rendered in the |
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usual course of legal or medical practice or in providing adoption |
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counseling; |
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(3) a reimbursement of legal or medical expenses |
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incurred by a person for the benefit of the child; [or] |
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(4) a necessary pregnancy-related expense paid by a |
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child-placing agency for the benefit of the child's parent during |
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the pregnancy or after the birth of the child as permitted by the |
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minimum standards for child-placing agencies and Department of |
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Family and Protective [and Regulatory] Services rules; or |
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(5) a payment made to a birth parent by a licensed |
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attorney under Subchapter H, Chapter 162, Family Code. |
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SECTION 3. The change in law made by this Act applies only |
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to a payment made on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |