S.B. No. 49 AN ACT 1-1 relating to the offense of the unauthorized placement of a child 1-2 for adoption. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 162, Family Code, as added 1-5 by H.B. No. 655, Acts of the 74th Legislature, Regular Session, 1-6 1995, is amended by adding Section 162.025 to read as follows: 1-7 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE. A 1-8 person who is not the natural or adoptive parent of the child, the 1-9 legal guardian of the child, or a child-placing agency licensed 1-10 under Chapter 42, Human Resources Code, commits an offense if the 1-11 person: 1-12 (1) serves as an intermediary between a prospective 1-13 adoptive parent and an expectant parent or parent of a minor child 1-14 to identify the parties to each other or facilitates the placement 1-15 of the child for adoption; or 1-16 (2) places a child for adoption. 1-17 (b) It is not an offense under this section if a 1-18 professional provides legal or medical services to: 1-19 (1) a parent who identifies the prospective adoptive 1-20 parent and places the child for adoption without the assistance of 1-21 the professional; or 1-22 (2) a prospective adoptive parent who identifies a 1-23 parent and receives placement of a child for adoption without the 2-1 assistance of the professional. 2-2 (c) An offense under this section is a Class B misdemeanor. 2-3 SECTION 2. Section 42.076, Human Resources Code, is amended 2-4 by adding Subsection (d) to read as follows: 2-5 (d) It is not an offense under this section if a professional 2-6 provides legal or medical services to: 2-7 (1) a parent who identifies the prospective adoptive 2-8 parent and places the child for adoption without the assistance of 2-9 the professional; or 2-10 (2) a prospective adoptive parent who identifies a 2-11 parent and receives placement of a child for adoption without 2-12 assistance of the professional. 2-13 SECTION 3. This Act takes effect September 1, 1995. 2-14 SECTION 4. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended, 2-19 and that this Act take effect and be in force from and after its 2-20 passage, and it is so enacted.