73R1302 MJW-D
          By Conley                                              H.B. No. 196
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting the consideration of race as a primary
    1-3  factor in adoptions and foster care placements.
    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 MAY NOT BE CONSIDERED AS A PRIMARY FACTOR.
    1-8  In determining the best interest of the child under Section 16.08
    1-9  of this code, the court may not consider the race of the child or
   1-10  of the prospective adoptive parents as a primary factor.
   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 MAY NOT BE CONSIDERED AS A PRIMARY FACTOR.
   1-14  The department may not consider the race of a child or a
   1-15  prospective foster family as a primary factor in placing the child
   1-16  in foster care.
   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 MAY NOT BE CONSIDERED AS A PRIMARY FACTOR.
   1-21  The department, a county child-care or welfare unit, or a licensed
   1-22  adoption agency may not consider the race of a child or prospective
   1-23  adoptive parents as a primary factor in placing the child for
   1-24  adoption.
    2-1        SECTION 4.  This Act takes effect September 1, 1993, and
    2-2  applies to an adoption or placement of a child that is:
    2-3              (1)  commenced on or after that date; or
    2-4              (2)  commenced before that date but is pending or
    2-5  becomes final on or after that date.
    2-6        SECTION 5.  The importance of this legislation and the
    2-7  crowded condition of the calendars in both houses create an
    2-8  emergency   and   an   imperative   public   necessity   that   the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended.
   2-11                       COMMITTEE AMENDMENT NO. 1
   2-12        Amend House Bill 196 as follows:
   2-13        (1)  In Section 1, on page 1, delete lines 7 through 10 and
   2-14  substitute the following:
   2-15        "Sec. 16.081.  RACE OR ETHNICITY.  In determining the best
   2-16  interest of the child under Sec. 16.08 of this Code, the court may
   2-17  not deny the adoption solely on the basis of race or ethnicity of
   2-18  the child or the prospective adoptive parents."
   2-19        (2)  In Section 2, on page 1, delete lines 13 through 16 and
   2-20  substitute the following:
   2-21        "Sec. 41.028.  RACE OR ETHNICITY.  The department may not
   2-22  prohibit the placement of a child in foster care solely on the
   2-23  basis of race or ethnicity of the child or the prospective foster
   2-24  family."
   2-25        (3)  In Section 3, on page 1, delete lines 20 through 24 and
   2-26  substitute the following:
   2-27        "Sec. 47.041.  RACE OR ETHNICITY.  The department, a county
    3-1  child-care or welfare unit, or a licensed adoption agency may not
    3-2  deny placement of a child for adoption solely on the basis of the
    3-3  race or ethnicity of the child or prospective adoptive parents."
    3-4                                                            Schechter