1-1 By: Greenberg (Senate Sponsor - Moncrief) H.B. No. 1108
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 19, 1995, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to requiring a criminal background check for a prospective
1-9 adoptive parent.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 162.004, Family Code, as added by H.B.
1-12 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-13 amended to read as follows:
1-14 Sec. 162.004. TIME FOR HEARING. (a) The court shall set
1-15 the date for the hearing on the adoption at a time not before the
1-16 40th day or later than the 60th day after the later of the date the
1-17 social study is ordered or the date criminal history record
1-18 information is requested under Section 162.0085.
1-19 (b) For good cause shown, the court may set the hearing at
1-20 any time that provides adequate time for filing the social study
1-21 and notifying the court of the criminal history record information
1-22 for a person seeking to adopt the child.
1-23 SECTION 2. Subchapter A, Chapter 162, Family Code, as added
1-24 by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
1-25 is amended by adding Section 162.0085 to read as follows:
1-26 Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a) In a
1-27 suit affecting the parent-child relationship in which an adoption
1-28 is sought, the court shall order each person seeking to adopt the
1-29 child to obtain that person's own criminal history record
1-30 information.
1-31 (b) A person required to obtain information under Subsection
1-32 (a) shall obtain the information in the manner provided by Section
1-33 411.128, Government Code.
1-34 SECTION 3. Subchapter F, Chapter 411, Government Code, is
1-35 amended by adding Section 411.128 to read as follows:
1-36 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1-37 PERSON SEEKING TO ADOPT CHILD. (a) A person seeking to adopt a
1-38 child under Chapter 162, Family Code, who is ordered by the court
1-39 to obtain the person's own criminal history record information from
1-40 the department under Section 162.0085, Family Code, shall request
1-41 the information as provided by this section.
1-42 (b) A person requesting information under this section shall
1-43 provide the department with the name and address of the court and
1-44 the date set for the adoption hearing.
1-45 (c) The department shall provide the court with criminal
1-46 history record information not later than the 10th day before the
1-47 date set for the adoption hearing.
1-48 (d) Criminal history record information requested under this
1-49 section may not be released or disclosed to a person other than the
1-50 court ordering the investigation except on court order or with the
1-51 consent of the person who is the subject of the criminal history
1-52 record information.
1-53 SECTION 4. The change in law made by this Act applies only
1-54 to a suit affecting the parent-child relationship in which an
1-55 adoption is sought that is filed on or after the effective date of
1-56 this Act. A suit that is filed before the effective date of this
1-57 Act is covered by the law in effect when the suit was filed, and
1-58 the former law is continued in effect for that purpose.
1-59 SECTION 5. This Act takes effect September 1, 1995.
1-60 SECTION 6. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *