BILL ANALYSIS C.S.H.B. 2468 By: Coleman 04-12-95 Committee Report (Substituted) BACKGROUND Many African-American children face severe crises on multiple fronts: they are disproportionately undereducated, malnourished, and poor. The alarming rate at which African-American children find themselves involved in the child welfare system is virtually astounding and the lack of adoption is a serious problem facing large numbers of these children. As a result, such children end up in foster care and remain there for longer periods of time making it harder ultimately for them to be placed with adoptive parents. PURPOSE H.B. 2468, as substituted, would help address the lack of adoptive placements for African-American children by creating an advisory committee at the Department of Protective and Regulatory Services (DPRS) to promote the adoption of and provision of services to adoptable African-American children. RULEMAKING AUTHORITY H.B. 2468 grants the Department of Protective and Regulatory Services the authority to adopt rules under Sec. 47.006(i) to implement a program or project recommended under this section. SECTION BY SECTION ANALYSIS Section 1. Amends Subchapter A, Chapter 47, Human Resources Code, by adding new Section 47.006 as follows: Sec. 47.006. ADVISORY COMMITTEE ON PROMOTING ADOPTION OF ADOPTABLE AFRICAN-AMERICAN CHILDREN. (a) Creates an advisory committee within the Dept. of Protective and Regulatory Services (DPRS), to promote the adoption of adoptable African American children. (b) Requires the board of Protective & Regulatory Services to appoint the 12 members of the advisory committee, at least six of whom must be ordained members of the clergy. Appointees must have knowledge and experience in the issue. (c) Establishes two-year terms for committee appointments and allows for reappointment. (d) Prohibits compensation of committee members, but allows reimbursement for actual and necessary expenses. (e) Allows the committee to elect its presiding officer and permits him or her to serve a two-year term and be re-elected. (f) Requires DPRS to set the time & place of first meeting; requires at least quarterly meetings. (g) Requires DPRS to pay the expenses of the committee and provide necessary personnel and supplies. (h) Requires committee to study, develop and evaluate programs and issues relating to the promotion of adoption of adoptable African-American children; requires committee to consult with African-American churches and other cultural and civic organizations; and requires committee to report to DPRS annually its recommendations for programs and projects that will promote the adoption of and provision of services to adoptable African-American children. (i) Allows DPRS to adopt rules to implement a program or project recommended by the committee. Further, allows DPRS to solicit, accept and use gifts and donations to implement programs recommended by the committee. (j) Requires DPRS to report to the Legislature not later than November 1 of each even-numbered year following the first year in which it receives recommendations. Section 2. Requires DPRS to appoint members to the advisory committee not later than January 1, 1996. Section 3. Effective date, September 1, 1995. Section 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute made the following changes to the original bill: requiring the Board of Protective & Regulatory Services make appointments to the advisory body created by H.B. 2468; and requiring that at least six members of the advisory body be ordained members of the clergy. The measure also allows the committee's presiding officer to serve two year terms. Reporting date was moved up by one month. SUMMARY OF COMMITTEE ACTION In a public hearing on April 3, 1995, the Human Services Committee considered H.B. 2468. Rep. Park offered a committee substitute. The following witnesses testified for H.B. 2468: Trudy Lawton, Metropolitan One Church, One Child and Board of Directors of One Church, One Child, Inc. Houston; Rev. Billy Ray Murray, Sr., Board of Directors, One Church, One Child; Rev. William A. Purnell, Jr., Board of Directors, One Church, One Child; Pastor James R. Whorton, Second Baptist Church, Metropolitan One Church, One Child Board of Directors. The following witness testified as neutral on H.B. 2468: Pat Devin, Dept. of Protective & Regulatory Services. No one testified against H.B. 2468. Rep. Coleman closed on the bill, the committee substitute withdrawn and H.B. 2468 was left pending. On April 12, the committee convened in a formal meeting and the Chairman laid out H.B. 2468 by Coleman which had been pending. Rep. Maxey offered a committee substitute and moved adoption. Hearing no objection, the committee substitute for H.B. 2468 was adopted. Rep. Jones moved that the committee pass H.B. 2468 favorably as substituted and the motion prevailed by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.