BILL ANALYSIS S.B. 49 By: Moncrief Criminal Justice 3-7-95 Committee Report (Unamended) BACKGROUND Currently, the requirement that agencies which place 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, 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 16, Family Code, by adding Section 16.011, as follows: Sec. 16.011. AUTHORITY TO PLACE CHILD FOR ADOPTION. Provides that a person who plans for the placement of a child for adoption 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 as defined by Chapter 42, Human Resources Code, commits a Class B misdemeanor. SECTION 2. Emergency clause. Effective date: upon passage.