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.