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.