By Greenberg H.B. No. 1108
Substitute the following for H.B. No. 1108:
By Van de Putte C.S.H.B. No. 1108
A BILL TO BE ENTITLED
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.