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 -------------------------------------------------------------------