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