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.