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
2-28 -------------------------------------------------------------------
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
2-36 -------------------------------------------------------------------