By Conley H.B. No. 196
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the consideration of race in adoptions and
1-3 foster care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 16, Family Code, is amended
1-6 by adding Section 16.081 to read as follows:
1-7 Sec. 16.081. RACE OR ETHNICITY. In determining the best
1-8 interest of the child under Section 16.08 of this code, the court
1-9 may not deny the adoption solely on the basis of race or ethnicity
1-10 of the child or the prospective adoptive parents.
1-11 SECTION 2. Subchapter B, Chapter 41, Human Resources Code,
1-12 is amended by adding Section 41.028 to read as follows:
1-13 Sec. 41.028. RACE OR ETHNICITY. The department may not
1-14 prohibit the placement of a child in foster care or remove a child
1-15 from foster care solely on the basis of race or ethnicity of the
1-16 child or the foster family.
1-17 SECTION 3. Chapter 47, Human Resources Code, is amended by
1-18 adding Subchapter C to read as follows:
1-19 SUBCHAPTER C. PLACEMENT OF CHILDREN
1-20 Sec. 47.041. RACE OR ETHNICITY. The department, a county
1-21 child-care or welfare unit, or a licensed adoption agency may not
1-22 deny placement of a child for adoption solely on the basis of the
1-23 race or ethnicity of the child or prospective adoptive parents.
1-24 SECTION 4. This Act takes effect September 1, 1993, and
2-1 applies to an adoption or placement of a child that is:
2-2 (1) commenced on or after that date; or
2-3 (2) commenced before that date but is pending or
2-4 becomes final on or after that date.
2-5 SECTION 5. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.