HBA-SEP H.B. 2094 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2094
By: King, Phil
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person commits an offense if the person
advertises in the public media that the person will place a child for
adoption or will provide or obtain a child for adoption and exempts a
licensed child-placing agency.  This statute has been interpreted as
ambiguous and susceptible to a challenge that it is unconstitutionally
vague.  House Bill 2094 clarifies that  a person commits an offense if the
person advertises in the public media that the person is seeking a child
for adoption unless that person represents a child-placing agency licensed
in this state. 

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. 

ANALYSIS

House Bill 2094 amends the Penal Code to specify that a person commits an
offense if the person advertises in the public media that the person is
seeking a child for adoption unless that person represents a child-placing
agency licensed in this state.   

EFFECTIVE DATE

September 1, 2001.