1-1  By:  Conley (Senate Sponsor - Zaffirini)               H.B. No. 196
    1-2        (In the Senate - Received from the House April 21, 1993;
    1-3  April 21, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; May 5, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  May 5, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth                                     x    
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 196                By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to prohibiting the consideration of race in adoptions and
   1-22  foster care.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subchapter A, Chapter 16, Family Code, is amended
   1-25  by adding Section 16.081 to read as follows:
   1-26        Sec. 16.081.  RACE OR ETHNICITY.  In determining the best
   1-27  interest of the child under Section 16.08 of this code, the court
   1-28  may not deny or delay the adoption or otherwise discriminate on the
   1-29  basis of race or ethnicity of the child or the prospective adoptive
   1-30  parents.
   1-31        SECTION 2.  Subchapter B, Chapter 41, Human Resources Code,
   1-32  is amended by adding Section 41.028 to read as follows:
   1-33        Sec. 41.028.  RACE OR ETHNICITY.  The department may not
   1-34  prohibit the placement of a child in foster care or remove a child
   1-35  from foster care on the basis of race or ethnicity of the child or
   1-36  the foster family.
   1-37        SECTION 3.  Chapter 47, Human Resources Code, is amended by
   1-38  adding Subchapter C to read as follows:
   1-39                 SUBCHAPTER C.  PLACEMENT OF CHILDREN
   1-40        Sec. 47.041.  RACE OR ETHNICITY.  The department, a county
   1-41  child-care or welfare unit, or a licensed adoption agency may not
   1-42  deny or delay placement of a child for adoption or otherwise
   1-43  discriminate on the basis of the race or ethnicity of the child or
   1-44  prospective adoptive parents.
   1-45        SECTION 4.  This Act takes effect September 1, 1993, and
   1-46  applies to an adoption or placement of a child that is:
   1-47              (1)  commenced on or after that date; or
   1-48              (2)  commenced before that date but is pending or
   1-49  becomes final on or after that date.
   1-50        SECTION 5.  The importance of this legislation and the
   1-51  crowded condition of the calendars in both houses create an
   1-52  emergency and an imperative public necessity that the
   1-53  constitutional rule requiring bills to be read on three several
   1-54  days in each house be suspended, and this rule is hereby suspended.
   1-55                               * * * * *
   1-56                                                         Austin,
   1-57  Texas
   1-58                                                         May 5, 1993
   1-59  Hon. Bob Bullock
   1-60  President of the Senate
   1-61  Sir:
   1-62  We, your Committee on Health and Human Services to which was
   1-63  referred H.B. No. 196, have had the same under consideration, and I
   1-64  am instructed to report it back to the Senate with the
   1-65  recommendation that it do not pass, but that the Committee
   1-66  Substitute adopted in lieu thereof do pass and be printed.
   1-67                                                         Ellis,
   1-68  Vice-Chairman
    2-1                               * * * * *
    2-2                               WITNESSES
    2-3                                                  FOR   AGAINST  ON
    2-4  ___________________________________________________________________
    2-5  Name:  Amy Russell                               x       x
    2-6  Representing:  Child First United
    2-7  City:  Plano
    2-8  -------------------------------------------------------------------
    2-9  Name:  Debbie Flowers                            x       x
   2-10  Representing:  Kaufman Co Adoption Group
   2-11  City:  Kaufman
   2-12  -------------------------------------------------------------------
   2-13  Name:  Wendell Telton                            x
   2-14  Representing:  Tx Coal Prevention of Child
   2-15  City:  Austin
   2-16  -------------------------------------------------------------------
   2-17  Name:  Janis Brown                                             x
   2-18  Representing:  Tx Pro Reg Ser
   2-19  City:  Austin
   2-20  -------------------------------------------------------------------
   2-21  Name:  Winifred Conlon                           x
   2-22  Representing:  Tx St Foster Parents Inc
   2-23  City:  Austin
   2-24  -------------------------------------------------------------------
   2-25  Name:  Larry C. Crow                             x
   2-26  Representing:  Self
   2-27  City:  San Antonio
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   2-29  Name:  David L. Wallace                          x
   2-30  Representing:  Self
   2-31  City:  New Braunfels
   2-32  -------------------------------------------------------------------
   2-33  Name:  Cynthia A. Wallace                        x
   2-34  Representing:  Self
   2-35  City:  New Braunfels
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