BILL ANALYSIS



C.S.S.B. 291
By: Moncrief (Naishtat)
05-10-95
Committee Report (Substituted)


BACKGROUND

The chapter in the Texas Family Code which provides guidelines for
the operation of voluntary adoption registries has become outdated. 
The minimum age to apply at the registry is 21 years old.  The
current process requires counseling before the registry application
is accepted, a waiting period between applying to a registry and
receiving information, a face to face conference to obtain
information, and requires an application fee.

PURPOSE

As proposed, C.S.S.B. 291 amends the voluntary adoption registries,
Chapter 160, Subchapter E of the Texas Family Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 162.402(2), (3), (7), and (9), Family
Code, to define "adoptee", "adoption", "authorized agency", and
"biological siblings."

SECTION 2. Amends Section 162.405, Family Code, as follows:

     Sec. 162.405.  DETERMINATION OF APPROPRIATE REGISTRY.  (a)  Requires  the administrator of the central registry to
determine the appropriate registry to which an    applicant is
entitled to apply.

     (b)   Created from existing Subsection (d).  Requires the
     administrator of the central registry, upon inquiry by an
     adoptee, birth parent or sibling who has provided satisfactory
     proof of identification and paid all required inquiry fees, to
     review the information on file in the central index and
     consult with the administrators of other registries to
     determine the identity of the appropriate registry or
     registries through which the adoptee, birth parent, or sibling
     may register.  Requires the administrator to file with the
     administrator of the central registry a report containing
     certain information with the administrator of the central
     registry if the registrant was placed for adoption by an
     agency served by the registry.  Deletes existing Subsection
     (b) and (c).

     (c)   Makes conforming changes.

     (d)   Created from existing Subsection (f).  Requires issuance
     of an official certificate upon completion of a review to
     determine the appropriate registry.

SECTION 3. Amends Section 162.406(a)-(d), Family Code, as follows:

     (a)   Authorizes an adoptee who is 18 years or older to apply
     to a registry for information about his birth parents and
     biological siblings.

     (b)  Authorizes a birth parent who is 18, rather than 21,
     years or older to apply to the registry for information about
     an adoptee who is a child by birth of the birth parent.

     (c)  Authorizes a presumed father who is 18 years or older and
     acknowledges paternity to register as a birth father if he was
     not registered as such at the time of application.

     (d)  Authorizes a biological sibling who is 18, rather than
     21, years or older to apply to a registry for information
     about adopted siblings.

SECTION 4. Amends Section 162.407, Family Code, as follows:

     Sec. 162.407.  REGISTRATION.  (a) Requires the administrator
to require each registrant    to sign a written application.

     (b)   Authorizes an adoptee adopted or placed through an
     authorized agency to register through the registry maintained
     by that agency or the registry to which the agency has
     delegated registry services or the central registry maintained
     by the department.
     
     (c)   Provides that birth parents and biological siblings
     should apply to register through the registry of the
     authorized agency through which the adoptee was adopted or
     placed.  Authorizes the birth parents and biological siblings
     to register through the central registry if the proper
     registry is unknown or the agency's registry refuses the
     application.

     (d)   Prohibits the administrator from accepting the
     application for registration unless the applicant meets
     certain requirements.

     (e)   Requires a registration to remain valid for a certain
     amount of time unless earlier withdrawn.

     (f)   Authorizes an applicant to withdraw the registration in
     writing without charge at any time.

     (g)   Requires the applicant to be treated as if he or she had
     never registered after the registration is withdrawn or
     expired.

     (h)   Requires a complete registry application to be accepted
     or rejected within a certain time period.  Requires an
     administrator to provide an applicant with a written statement
     with the reasons for rejection.  Deletes existing Subsections
     (e) - (l).

SECTION 5. Amends Section 162.409, Family Code, as follows:

     Sec. 162.409.  APPLICATION.  (a) Requires each application to
contain certain     provisions.

     (b)   Authorizes the application to contain the applicant's
     security number if the applicant voluntarily furnishes it.

     (c)   Requires the application of the birth parent to include
     certain provisions.

     (d)   Requires the application of the biological sibling to
     contain certain provisions.

     (e)   Authorizes an application to contain additional
     information through which the applicant's identity and
     eligibility to register may be ascertained.

     (f)   Requires the administrator to assist the applicant in
     filling out the application if the applicant needs help. 
     Prohibits the administrator from furnishing the applicant with
     any substantive information necessary to complete the
     application.  

SECTION 6. Amends Section 162.411(b)-(f), Family Code, as follows:

     (b)   Makes nonsubstantive changes.

     (c)   Deletes a provision requiring the Department of
     Protective and Regulatory Services to collect fees.

     (d)   Deletes reference to Government Code.

     (e)   Makes nonsubstantive changes.

SECTION 7. Amends Section 162.413, Family Code, to require the
applicant to participate in counseling for at least one hour with
a social worker or mental health professional after the
administrator has accepted the application and prior to the release
of confidential information.  Deletes existing Subsections (b) -
(d).

SECTION 8. Amends Section 162.414(a)-(d), Family Code, as follows:

     (a)   Clarifies that the registrations must be processed to
     match the adoptee with birth parents and biological siblings.

     (b)   Deletes a prohibition against a match being made until
     the sibling of an adoptee is 21 years old.  Requires the
     administrator to determine that there is a match if the adult
     adoptee and the birth mother, birth father, or a biological
     sibling have registered.

     (c) and (d) make nonsubstantive changes and conforming
     changes.

SECTION 9. Amends Section 162.416, Family Code, as follows:

     Sec. 162.416.  DISCLOSURE OF IDENTIFYING INFORMATION.  (a)  Requires  the administrator, when a match has been made, to
mail or fax each registrant a written   notice containing certain
information.

     (b)   Deletes Subdivisions (1) and (2).  Requires identifying
     information about a registrant to be released without the
     registrant's having consented after the match to disclosure if
     certain conditions are met.

     (c)   Makes a nonsubstantive change.

     (d)   Requires the administrator to prepare and release
     written disclosure statements containing identifying
     information about each of the registrants if the registrants
     have not withdrawn their registrations within a certain time
     period.

     (e)   Requires the administrator to notify registrants if no
     match can be made and requires the administrator to disclose
     the reason that a match cannot be made.

SECTION 10.  Amends Section 162.421(a) and (b), Family Code, as
follows:

     (a)   Provides that nothing in this chapter prevents the
     department from making the existence of voluntary adoption
     registries known to the public.

     (b)   Prohibits information received by or in connection with
     the operation of a registry from being stored in any data bank
     used for any purpose other than the operation of the registry. 
     Deletes language regarding data processing equipment.

SECTION 11.  Repeals Sections 108.005, 162.402(14), 162.404,
162.410, 162.415, 162.417, and 162.418 of the Family Code.

SECTION 12.     Effective date: September 1, 1995.

SECTION 13.     Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 291 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. 291 was considered in a public hearing on April 26, 1995.

The following person testified in favor of the bill:
     Rita Powell, representing Texas Association of Licensed
Children's Services.

The following person testified neutrally on the bill:
     Howard Baldwin, representing Department of Protective and
Regulatory Services.

The committee considered a complete substitute to the bill which
was adopted without objection.  S.B. 291 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.