By: Cyrier H.B. No. 4198       A BILL TO BE ENTITLED   AN ACT   relating to the payment by prospective adoptive parents of certain   expenses of the birth mother.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 162, Family Code, is amended by adding   Subchapter H to read as follows:   SUBCHAPTER H. DIRECT PAYMENT OF CERTAIN BIRTH MOTHER EXPENSES          Sec. 162.651.  DEFINITION. In this subchapter, "birth   parent" has the meaning assigned by Section 162.402.          Sec. 162.652.  REQUEST FOR PAYMENT OF EXPENSES. (a)  A birth   parent may make a written request to a licensed attorney   representing the prospective adoptive parent or parents for payment   of expenses of the birth mother, including attorney fees, medical   fees and expenses, counseling fees, or necessary pregnancy-related   expenses, incurred in connection with the pregnancy, the child's   birth, the placement of the child with the adoptive parent or   parents, or the adoption.          (b)  The birth parent shall provide the licensed attorney   representing the prospective adoptive parent or parents written   receipts for any money provided pursuant to a request under   Subsection (a).          Sec. 162.653.  ACCOUNTING. (a)  Before the date set for the   hearing on the petition for adoption, the licensed attorney   representing the prospective adoptive parent or parents shall file   with the court a full accounting report of all disbursements made or   agreed to be made under Section 162.652(a).          (b)  The accounting must be itemized and for each expense   show the date and the ultimate recipient of the funds.          Sec. 162.654.  NONAPPLICABILITY.  This subchapter does not   apply to an adoption by a stepparent in which one birth parent or   adoptive parent retains conservatorship of the child.          SECTION 2.  Section 25.08(b), Penal Code, is amended to read   as follows:          (b)  It is an exception to the application of this section   that the thing of value is:                (1)  a fee or reimbursement paid to a child-placing   agency as authorized by law;                (2)  a fee paid to an attorney, social worker, mental   health professional, or physician for services rendered in the   usual course of legal or medical practice or in providing adoption   counseling;                (3)  a reimbursement of legal or medical expenses   incurred by a person for the benefit of the child; [or]                (4)  a necessary pregnancy-related expense paid by a   child-placing agency for the benefit of the child's parent during   the pregnancy or after the birth of the child as permitted by the   minimum standards for child-placing agencies and Department of   Family and Protective [and Regulatory] Services rules; or                (5)  a payment made to a birth parent by a licensed   attorney under Subchapter H, Chapter 162, Family Code.          SECTION 3.  The change in law made by this Act applies only   to a payment made on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2017.