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.