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.