BILL ANALYSIS



C.S.S.B. 49
By: Moncrief (Naishtat)
05-09-95
Committee Report (Substituted)


BACKGROUND

Currently, the requirement providing for licensing of agencies
placing children for adoption is listed in the Human Resources Code
instead of the Family Code.  Since the Family Code is the only part
of the law with a specific section on adoption, attorneys or others
trying to determine how the state regulates adoption may not
realize that the licensing requirement exists.

PURPOSE

As proposed, C.S.S.B. 49 provides a penalty for persons who place
a child for adoption without proper authorization.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 162A, Family Code, as added by H.B. 655,
Acts of the 74th Legislature, Regular Session, 1995, by adding
Section 162.025 as follows:

     Sec. 162.025.  PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE. 
Provides that  a person who plans or places a child for adoption
and the person is not the natural or    adoptive parent of the
child, the guardian of the child, or a licensed child-placing    agency, commits a Class B misdemeanor.  Provides that it is
not an offense for a     professional to provide legal or medical
services to parents and prospective adoptive      parents who
arrange for the placement of a child for adoption without the
assistance of  the professional.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 49 reflects the recodification of Title 2 of the Family
Code as enacted by H.B. 655, Acts of the 74th Legislature, Regular
Session, 1995.  The substitute bill adds clarifying language
relating to planning an adoption, and adds a subsection to exempt
professionals who provide legal or medical services to parents and
prospective adoptive parents who arrange the placement of a child
without the assistance of the professional.

SUMMARY OF COMMITTEE ACTION

S.B. 49 was considered in a public hearing on April 19, 1995.

The following persons testified neutrally on the bill:
     Howard Baldwin, Department of Protective and Regulatory
Services;
     Rita Powell, Executive Director, Texas Association of Licensed
Children's Services;
     John J. Sampson, representing himself.

The bill was left pending in committee.

On April 25, 1995 the bill was scheduled for consideration in a
formal meeting.  No action was taken.

In a public hearing on April 26, 1995, the committee considered a
complete substitute which was adopted without objection.  S.B. 49
was reported favorably as substituted with the recommendation that
it do pass and be printed and be sent to the Committee on Local and
Consent Calendars by a record vote of 8 ayes, 0 nays, 0 pnv, 1
absent.