HBA-JRA H.B. 1181 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1181
By: Danburg
State Affairs
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law does not clearly prohibit the Texas Department of
Protective and Regulatory Services from discriminating or taking into
consideration the sex, race, ethnicity, or sexual orientation of a
prospective adoptive parent or substitute care provider when placing a
child.  H.B. 1181 prohibits the Department of Protective and Regulatory
Services, a county child-care or welfare unit, or a licensed child-placing
agency from taking into consideration the sex, race, ethnicity, or sexual
orientation of a prospective adoptive parent or substitute care provider in
making an adoption placement decision for a child, with certain exceptions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 162, Family Code, by adding
Section 162.3095, as follows: 

Sec. 162.3095.  DISCRIMINATION PROHIBITED.  Prohibits the Department of
Protective and Regulatory Services, a county child-care or welfare unit, or
a licensed child-placing agency from taking into consideration the sex,
race, ethnicity, or sexual orientation of a prospective adoptive parent in
making an adoption placement decision for a child, except for a
determination made under 162.308(b) (Race or Ethnicity). 

SECTION 2.  Amends Subchapter B, Chapter 264, Family Code, by adding
Section 264.1085, as follows: 

Sec. 264.1085.  DISCRIMINATION PROHIBITED.  Prohibits the Department of
Protective and Regulatory Services from taking into consideration the sex,
race, ethnicity, or sexual orientation of a prospective substitute care
provider in making a substitute care placement decision for a child, except
for a determination made under 264.108(b) (Race or Ethnicity). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.