BILL ANALYSIS



C.S.S.B. 161
By: Moncrief (Naishtat)
05-09-95
Committee Report (Substituted)


BACKGROUND

H.B. 7, 72nd Legislature, First Called Session, failed to make all
of the necessary language changes when certain responsibilities
were transferred from the Department of Human Services to the
Department of Protective and Regulatory Services. In addition, some
of the terminology is inconsistent with federal law on adoption and
medical assistance.

PURPOSE

As proposed, C.S.S.B. 161 modifies the language of Chapter 162,
Subchapter D, Texas Family Code regarding adoption services by the
Department of Protective and Regulatory Services to comply with the
original intent and to be consistent with federal law.

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 Section 162.301, Family Code, to define
"adoption assistance agreement", "child," and "department".
 
SECTION 2.  Amends Section 162.302, Family Code, as follows:

     Sec. 162.302.  ADOPTION ASSISTANCE PROGRAM.  Requires the
department to  address the needs, as well as the availability of
children when promoting adoption.  Makes     conforming changes.

SECTION 3.  Amends Section 162.303, Family Code, to make conforming
changes.

SECTION 4.  Amends Section 162.304, Family Code, as follows:

     Sec. 162.304.  FINANCIAL AND MEDICAL ASSISTANCE.  Requires the
department     to enter into adoption assistance agreements with
the adoptive parents of a child    authorized under Part E of Title
IV of the Social Security Act (42 U.S.C. Section 673).      Deletes
the requirement that the state pay a subsidy.  Makes conforming
changes.

SECTION 5.  Amends Section 162.305, Family Code, to require other
state agencies, as well as the department, to actively seek and use
federal funds available for the purposes of this chapter.  Deletes
existing Subsection (b).

SECTION 6.  Amends Section 162.306(c), Family Code, to include
"crisis intervention" in the range of postadoption services which
the department may provide to families.

SECTION 7.  Repeals Section 162.307, Family Code, and abolishes the
postadoption services advisory committee established under that
section on the effective date of this Act.

SECTION 8.  Emergency clause.
           Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 161 reflects the recodification of Title 2 of the Family
Code as enacted by H.B. 655, Acts of the 74th Legislature, Regular
Session, 1995.

SUMMARY OF COMMITTEE ACTION

S.B. 161 was considered in a public hearing on April 19, 1995.  The
committee considered a complete substitute which was adopted
without objection.  S.B. 161 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 5 ayes, 0 nays, 0 pnv, 4 absent.