HBA-NLM H.B. 415 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 415
By: Talton
State Affairs
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, applications for the right to serve as a foster parent do
inquire as to whether or not an applicant is homosexual or bisexual.  H.B.
415 requires the Department of Protective and Regulatory Services to
inquire whether or not an applicant is homosexual or bisexual and prohibits
a person from serving as a foster parent if the answer is affirmative.  

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 B, Chapter 264, Family Code, by adding
Section 264.1062, to require the Department of Protective and Regulatory
Services (department) to inquire whether a foster parent applicant or a
foster parent  undergoing a performance evaluation is homosexual or
bisexual. Prohibits the department from allowing an applicant to serve as a
foster parent or from allowing a child to remain with a foster parent
undergoing a performance evaluation if the applicant or parent provides an
affirmative answer to the inquiry, or if the department determines that the
applicant or parent is homosexual or bisexual after a reasonable
investigation. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.