By:  Zaffirini                                         S.B. No. 329
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to prohibiting the consideration of race or ethnicity as a
    1-2  primary factor in adoptions and foster care placements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 16, Family Code, is amended
    1-5  by adding Section 16.081 to read as follows:
    1-6        Sec. 16.081.  RACE OR ETHNICITY MAY NOT BE CONSIDERED AS A
    1-7  PRIMARY FACTOR.  In determining the best interest of the child
    1-8  under Section 16.08 of this code, the court may not consider the
    1-9  race or ethnicity of the child or of the prospective adoptive
   1-10  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 OR ETHNICITY MAY NOT BE CONSIDERED AS A
   1-14  PRIMARY FACTOR.  The department may not consider the race or
   1-15  ethnicity of a child or a prospective foster family as a primary
   1-16  factor in placing the child 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 OR ETHNICITY MAY NOT BE CONSIDERED AS A
   1-21  PRIMARY FACTOR.  The department, a county child-care or welfare
   1-22  unit, or a licensed adoption agency may not consider the race or
   1-23  ethnicity of a child or prospective adoptive parents as a primary
    2-1  factor in placing the child for adoption.
    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.