H.B. No. 1108
    1-1                                AN ACT
    1-2  relating to requiring a criminal background check for a prospective
    1-3  adoptive parent.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 162.004, Family Code, as added by H.B.
    1-6  655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-7  amended to read as follows:
    1-8        Sec. 162.004.  TIME FOR HEARING.  (a)  The court shall set
    1-9  the date for the hearing on the adoption at a time not before the
   1-10  40th day or later than the 60th day after the later of the date the
   1-11  social study is ordered or the date criminal history record
   1-12  information is requested under Section 162.0085.
   1-13        (b)  For good cause shown, the court may set the hearing at
   1-14  any time that provides adequate time for filing the social study
   1-15  and notifying the court of the criminal history record information
   1-16  for a person seeking to adopt the child.
   1-17        SECTION 2.  Subchapter A, Chapter 162, Family Code, as added
   1-18  by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
   1-19  is amended by adding Section 162.0085 to read as follows:
   1-20        Sec. 162.0085.  CRIMINAL HISTORY REPORT REQUIRED.  (a)  In a
   1-21  suit affecting the parent-child relationship in which an adoption
   1-22  is sought, the court shall order each person seeking to adopt the
   1-23  child to obtain that person's own criminal history record
   1-24  information.
    2-1        (b)  A person required to obtain information under Subsection
    2-2  (a) shall obtain the information in the manner provided by Section
    2-3  411.128, Government Code.
    2-4        SECTION 3.  Subchapter F, Chapter 411, Government Code, is
    2-5  amended by adding Section 411.128 to read as follows:
    2-6        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
    2-7  PERSON SEEKING TO ADOPT CHILD.  (a)  A person seeking to adopt a
    2-8  child under Chapter 162, Family Code, who is ordered by the court
    2-9  to obtain the person's own criminal history record information from
   2-10  the department under Section 162.0085, Family Code, shall request
   2-11  the information as provided by this section.
   2-12        (b)  A person requesting information under this section shall
   2-13  provide the department with the name and address of the court and
   2-14  the date set for the adoption hearing.
   2-15        (c)  The department shall provide the court with criminal
   2-16  history record information not later than the 10th day before the
   2-17  date set for the adoption hearing.
   2-18        (d)  Criminal history record information requested under this
   2-19  section may not be released or disclosed to a person other than the
   2-20  court ordering the investigation except on court order or with the
   2-21  consent of the person who is the subject of the criminal history
   2-22  record information.
   2-23        SECTION 4.  The change in law made by this Act applies only
   2-24  to a suit affecting the parent-child relationship in which an
   2-25  adoption is sought that is filed on or after the effective date of
   2-26  this Act.  A suit that is filed before the effective date of this
   2-27  Act is covered by the law in effect when the suit was filed, and
    3-1  the former law is continued in effect for that purpose.
    3-2        SECTION 5.  This Act takes effect September 1, 1995.
    3-3        SECTION 6.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.