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.