74R11418 MLR-D
          By Conley                                             H.B. No. 2262
          Substitute the following for H.B. No. 2262:
          By Van de Putte                                   C.S.H.B. No. 2262
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting the consideration of race or ethnicity as a
    1-3  factor in adoption or foster care placements.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.   Section 162.308, 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. 162.308.  RACE OR ETHNICITY.  (a)  The department, a
    1-9  county child-care or welfare unit, or a licensed child-placing
   1-10  agency may not make an adoption placement decision on the
   1-11  presumption that placing a child in a family of the same race or
   1-12  ethnicity as the race or ethnicity of the child is in the best
   1-13  interest of the child <deny or delay placement of a child for
   1-14  adoption or otherwise discriminate on the basis of the race or
   1-15  ethnicity of the child or the prospective adoptive parents>.
   1-16        (b)  Unless an independent psychological evaluation specific
   1-17  to a child indicates that placement with a family of a particular
   1-18  race or ethnicity would be detrimental to the child, the
   1-19  department, county child-care or welfare unit, or licensed
   1-20  child-placing agency may not deny, delay, or prohibit the adoption
   1-21  of a child because the department, county, or agency is attempting
   1-22  to locate a family of a particular race or ethnicity.
   1-23        (c)  This section does not prevent or limit the recruitment
   1-24  of minority families as adoptive families, but the recruitment of
    2-1  minority families may not be a reason to delay placement of a child
    2-2  with an available family of a race or ethnicity different from that
    2-3  of the child.
    2-4        (d)  A state or county employee who violates this section is
    2-5  subject to immediate dismissal.  A licensed child-placing agency
    2-6  that violates this section is subject to action by the licensing
    2-7  agency  as a ground for revocation or suspension of the agency's
    2-8  license.
    2-9        (e)  The department by rule shall define what constitutes a
   2-10  delay under Subsections (b) and (c).
   2-11        (f)  A district court, on the application for an injunction
   2-12  or the filing of a petition complaining of a violation of this
   2-13  section by any person residing in the county in which the court has
   2-14  jurisdiction, shall enforce this section by issuing appropriate
   2-15  orders.  An action for an injunction is in addition to any other
   2-16  action, proceeding, or remedy authorized by law.  An applicant or
   2-17  petitioner who is granted an injunction or given other appropriate
   2-18  relief under this section is entitled to the costs of the suit,
   2-19  including reasonable attorney's fees.
   2-20        SECTION 2.  Section 264.108, Family Code, as added by H.B.
   2-21  655, Acts of the 74th Legislature, Regular Session, 1995, is
   2-22  amended to read as follows:
   2-23        Sec. 264.108.  RACE OR ETHNICITY.  (a)  The department may
   2-24  not make a foster care placement decision on the presumption that
   2-25  placing a child in a family of the same race or ethnicity as the
   2-26  race or ethnicity of the child is in the best interest of the child
   2-27  <prohibit or delay the placement of a child in foster care or
    3-1  remove a child from foster care or otherwise discriminate on the
    3-2  basis of race or ethnicity of the child or the foster family>.
    3-3        (b)  Unless an independent psychological evaluation specific
    3-4  to a child indicates that placement or continued living with a
    3-5  family of a particular race or ethnicity would be detrimental to
    3-6  the child, the department may not:
    3-7              (1)  deny, delay, or prohibit placement of a child in
    3-8  foster care because the department is attempting to locate a family
    3-9  of a particular race or ethnicity; or
   3-10              (2)  remove a child from foster care with a family that
   3-11  is of a race or ethnicity different from that of the child.
   3-12        (c)  The department may not remove a child from foster care
   3-13  with a family that is of a race or ethnicity different from that of
   3-14  the child for the sole reason that continued foster care with that
   3-15  family may:
   3-16              (1)  strengthen the emotional ties between the child
   3-17  and the family; or
   3-18              (2)  increase the potential of the family's desire to
   3-19  adopt the child because of the amount of time the child and the
   3-20  family are together.
   3-21        (d)  This section does not prevent or limit the department's
   3-22  recruitment of minority families as foster care families, but the
   3-23  recruitment of minority families may not be a reason to delay
   3-24  placement of a child in foster care with an available family of a
   3-25  race or ethnicity different from that of the child.
   3-26        (e)  An employee who violates this section is subject to
   3-27  immediate dismissal.
    4-1        (f)  The department by rule shall define what constitutes a
    4-2  delay under Subsections (b) and (d).
    4-3        (g)  A district court, on the application for an injunction
    4-4  or the filing of a petition complaining of a violation of this
    4-5  section by any person residing in the county in which the court has
    4-6  jurisdiction, shall enforce this section by issuing appropriate
    4-7  orders.  An action for an injunction is in addition to any other
    4-8  action, proceeding, or remedy authorized by law.  An applicant or
    4-9  petitioner who is granted an injunction or given other appropriate
   4-10  relief under this section is entitled to the costs of the suit,
   4-11  including reasonable attorney's fees.
   4-12        SECTION 3.  The importance of this legislation and the
   4-13  crowded condition of the calendars in both houses create an
   4-14  emergency and an imperative public necessity that the
   4-15  constitutional rule requiring bills to be read on three several
   4-16  days in each house be suspended, and this rule is hereby suspended,
   4-17  and that this Act take effect and be in force from and after its
   4-18  passage, and it is so enacted.