BILL ANALYSIS



C.S.H.B. 1108
By: Greenberg
04-25-95
Committee Report (Substituted)


BACKGROUND

Under current Texas law a criminal background check is not required
for all adoptions.

PURPOSE

CSHB 1108 would require that a background check be completed for
all adoptions whether handled by the Department of Protective and
Regulatory Services, a licensed child placement agency, or a
private attorney.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

Section 1.   Amends Section 162.004, Family Code, as added by H.B.
655, Acts of the 74th Legislature, Regular Session, 1995, to
require the court to set an adoption hearing not before the 40th
day and not later than the 60th day after the later of the date the
social study is ordered or the criminal history record is
requested.  Authorizes the court upon showing of good cause to set
the hearing for any time which provides adequate time for the
social study and the criminal history record to be received by the
court.

SECTION 2.  Amends Subchapter A, Chapter 162, Family Code, as added
by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
by adding Section 162.0085  as follows:

     Sec. 162.0085.  CRIMINAL HISTORY REPORT REQUIRED.  Requires
the court to   order each person in an adoption suit seeking to
adopt a child to obtain his or her own
     criminal record in the manner provided by Section 411.128,
Government Code.  

SECTION 3.  Amends Subchapter F, Chapter 411, Government Code, by
adding Section 411.128 as follows:

     Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
     PERSON SEEKING TO ADOPT CHILD.  Requires a person ordered to
obtain his or her   criminal record for an adoption to request the
information as provided by this section.
     Requires a person requesting information to provide the
department with the name and  address of the court and the date set
for the adoption hearing.  Requires the department     to provide
the court with criminal record information within ten days after
the information     is requested.  Prohibits the release of
information requested under this section to a person   other than
the court except on court order or the consent of the person who is
the subject    of the criminal history information.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1995.

SECTION 6.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1108 requires a person seeking to adopt a child to obtain his
or her own criminal record, while the original version required the
DPRS, an agency, or a person placing a child for adoption to obtain
the record on a person seeking to adopt and to notify the court of
certain information not later than the 10th day before the adoption
hearing.  The committee substitute establishes procedures for a
person to obtain his or her own criminal record, while the original
version established procedures for the person or entity placing the
child for adoption to obtain the criminal history of a person
seeking to adopt a child.

SUMMARY OF COMMITTEE ACTION

H.B. 1108 was considered in a public hearing on 29 March 1995.

The following persons testified in favor of the bill:
     Victor Negron, representing himself and adoptive parents;
     Shannon Noble, Texas Women's Political Caucus;

The following person testified neutrally on the bill:
     Paula Kay Logan, Texas Department of Public Safety.

The bill was left pending in committee.

In a public hearing on 12 April 1995, the committee considered a
complete substitute which was adopted without objection.  H.B. 1108
was reported favorably as substituted with the recommendation that
it do pass and be printed by a record vote of 5 ayes, 0 nays, 0
pnv, 4 absent.