BILL ANALYSIS



S.B. 1487
By: Zaffirini (Conley)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

The Texas Department of Protective and Regulatory Services is
prohibited, as a result of the passage of H.B. 196, 73rd
Legislature, Regular Session, from denying or delaying the
placement of children in adoptive or foster families based on race
or ethnicity.

The bill did not explicitly define what constitutes a delay, nor
did it make exceptions for a child who may be detrimentally
affected by placement with a family of a particular race or
ethnicity.

PURPOSE

As proposed, S.B. 1487 prohibits the Texas Department of Protective
and Regulatory Services from considering race or ethnicity as a
primary factor in adoption or foster care placements.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Protective and Regulatory Services under
SECTION 2 (Section 264.108(e), Family Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 162.308, Family Code, as added by H.B.
655, Acts of the 74th Legislature, Regular Session, 1995, as
follows:

     Sec. 162.308.  RACE OR ETHNICITY.  (a) Prohibits the Texas
     Department of Protective and Regulatory Services (department)
     or other specified entities from making an adoption placement
     decision on the presumption that placing a child in a family
     of the same race or ethnicity as the race or ethnicity of the
     child is in the best interest of the child.  Prohibits
     specified entities from denying, delaying, or prohibiting an
     adoption because of an attempt to locate a family of a
     particular race or ethnicity.  Deletes language concerning the
     denial or delay of placement.
     
     (b) Provides that this section does not prevent or limit the
       recruitment of minority families as adoptive families, but
       prohibits the recruitment of minority families from being a
       reason to delay the placement of a child with an available
       family of a race or ethnicity different from that of the
       child.
       
       (c) Subjects a state or county employee who violates this
       section to immediate dismissal.  Subjects a licensed child-placing agency that violates this section to action by the
       licensing agency as a ground for revocation or suspension of
       the agency's license.
       
       (d) Authorizes a district court, on the application for an
       injunction or the filing of a petition complaining of a
       violation of this section by any person residing in the
       county in which the court has jurisdiction, to enforce this
       section by issuing appropriate orders.  Declares that an
       action for injunction is in addition to any other action,
       proceeding, or remedy authorized by law.  Entitles an
       applicant or petitioner who is granted an injunction or
       given other appropriate relief under this section to the
       costs of the suit.
     SECTION 2.     Amends Section 264.108, Family Code, as added by H.B.
655, Acts of the 74th Legislature, Regular Session, 1995, as
follows:

     Sec. 264.108.  RACE OR ETHNICITY.  (a) Prohibits the
     department from making a foster care placement decision on the
     presumption that placing a child in a family of the same race
     or ethnicity as the race or ethnicity of the child is in the
     best interest of the child.  Prohibits the department from
     denying, delaying, or prohibiting placement of a child in
     foster care because the department is attempting to locate a
     family of a particular race or ethnicity; or removing a child
     from foster care with a family that is of a race or ethnicity
     different from that of the child.
     
     (b) Prohibits the department from removing a child from foster
     care with a family that is of a race or ethnicity different
     from that of the child for the sole reason that continued
     foster care with that family may strengthen the emotional ties
     between the child and the family, or increase the potential of
     the family's desire to adopt the child because of the amount
     of time spent together.
     
     (c) Declares that this section does not prevent or limit the
     department's recruitment of minority families as foster care
     or adoptive families.  Prohibits the recruitment of minority
     families from being a reason to delay placement of a child in
     foster care with an available family of a race or ethnicity
     different from that of the child.
     
     (d) Subjects an employee who violates this section to
     immediate dismissal.
     
     (e) Requires the department to define, by rule, what
     constitute a delay under Subsections (a) and (c).
     
     (f) Authorizes a district court, on the application for an
     injunction or the filing of a petition complaining of a
     violation of this section by any person residing in the county
     in which the court has jurisdiction, to enforce this section
     by issuing appropriate orders.  Declares that an action for
     injunction is in addition to any other action, proceeding, or
     remedy authorized by law.  Entitles an applicant or petitioner
     who is granted an injunction or given other appropriate relief
     under this section to the costs of the suit.
SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1487 was considered in a public hearing on May 10, 1995.

The following persons testified in favor of the bill:
     Winifred Conlon, representing herself and Texas State Foster
Parents Inc.;
     Cheryl Wilson, representing herself.

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

S.B. 1487 was reported favorably without amendment with the
recommendation that it do pass and be printed by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.