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.