By:  Moncrief                                          S.B. No. 291
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to voluntary adoption registries.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Chapter 49, Human Resources Code, is amended to
    1-4  read as follows:
    1-5              CHAPTER 49.  VOLUNTARY ADOPTION REGISTRIES
    1-6  Sec. 49.001.  PURPOSE
    1-7  Sec. 49.002.  DEFINITIONS
    1-8  Sec. 49.003.  ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES
    1-9  Sec. 49.004.  DETERMINATION OF APPROPRIATE REGISTRY <ADMINISTRATION>
   1-10  <Sec. 49.005.  CENTRAL INDEX>
   1-11  Sec. 49.005 <49.006>.  REGISTRATION ELIGIBILITY
   1-12  Sec. 49.006 <49.007>.  REGISTRATION <APPLICATIONS>
   1-13  Sec. 49.007 <49.008>.  PROOF OF IDENTITY
   1-14  Sec. 49.008 <49.009>.  APPLICATION <REGISTRATION>
   1-15  <Sec. 49.010.  REJECTED APPLICATIONS>
   1-16  Sec. 49.009 <49.011>.  FEES
   1-17  Sec. 49.010 <49.012>.  SUPPLEMENTAL INFORMATION
   1-18  Sec. 49.011 <49.013>.  COUNSELING
   1-19  Sec. 49.012 <49.014>.  MATCHING PROCEDURES
   1-20  <Sec. 49.015.  PARTIAL MATCH>
   1-21  Sec. 49.013 <49.016>.  DISCLOSURE OF IDENTIFYING INFORMATION
   1-22                         <NOTIFICATION OF MATCH>
   1-23  <Sec. 49.017.  DISCLOSURE:  ADOPTEE AND BIRTH PARENTS>
    2-1  <Sec. 49.018.  DISCLOSURE:  BIOLOGICAL SIBLINGS>
    2-2  <Sec. 49.019.  IMPOSSIBILITY OF DISCLOSURE>
    2-3  Sec. 49.014 <49.020>.  REGISTRY RECORDS CONFIDENTIAL
    2-4  Sec. 49.015 <49.021>.  RULEMAKING
    2-5  Sec. 49.016 <49.022>.  PROHIBITED ACTS; CRIMINAL PENALTIES
    2-6  Sec. 49.017 <49.023>.  IMMUNITY FROM LIABILITY
    2-7        Sec. 49.001.  PURPOSE.  The purpose of this chapter is to
    2-8  provide for the establishment of mutual consent voluntary adoption
    2-9  registries through which adoptees, birth parents, and biological
   2-10  siblings may voluntarily locate each other.  It is not the purpose
   2-11  of this chapter to inhibit or prohibit persons from locating each
   2-12  other through other legal means, nor to inhibit or affect in any
   2-13  way the provision of postadoptive services and education, by
   2-14  adoption agencies or others, which go further than the procedures
   2-15  set out for registries established pursuant to this chapter.
   2-16        Sec. 49.002.  DEFINITIONS.  In this chapter:
   2-17              (1)  "Administrator" means the administrator of a
   2-18  mutual consent voluntary adoption registry established under this
   2-19  chapter.
   2-20              (2)  "Adoptee" means a person 18 <21> years old or
   2-21  older who has been legally adopted in this state <during his
   2-22  minority> or <who was born in this state and legally adopted during
   2-23  his minority under the laws of> another state or nation.
   2-24              (3)  "Adoption" means the act of creating the legal
   2-25  relationship of parent and child between a person and a child who
    3-1  is not the biological child of that person.  "Adoption" does not
    3-2  include the act of establishing the legal relationship of parent
    3-3  and child between a man and a child through proof of paternity or
    3-4  voluntary legitimation proceedings <or the adoption of an adult>.
    3-5              (4)  "Adoption agency" means a person, other than a
    3-6  natural parent or guardian of a child, who plans for the placement
    3-7  of or places a child in the home of a prospective adoptive parent.
    3-8              (5)  "Adoptive parent" means an adult who is a parent
    3-9  of an adoptee through a legal process of adoption.
   3-10              (6)  "Authorized agency" means a public <social
   3-11  service> agency authorized to care for children or to place
   3-12  children for adoption or a private association, corporation, or
   3-13  person approved for that purpose by the Department of Protective
   3-14  and Regulatory Services through a license, certification, or other
   3-15  means <other person approved for that purpose by the department>.
   3-16  "Authorized agency" includes a licensed child-placing agency or a
   3-17  previously licensed child-placing <or unlicensed private adoption>
   3-18  agency that has ceased operations <as an adoption agency> and has
   3-19  transferred its adoption records to the department or an agency
   3-20  authorized by the department to place children for adoption and a
   3-21  licensed child-placing <or unlicensed adoption> agency that has
   3-22  been acquired by, merged with, or otherwise succeeded by an agency
   3-23  authorized by the department to place children for adoption.
   3-24              (7)  "Biological parent" means the man or woman who is
   3-25  in fact the father or mother of genetic origin of a child.
    4-1              (8)  "Biological siblings" means persons <siblings> who
    4-2  share a common birth parent.
    4-3              (9)  "Birth parent" means the biological mother of an
    4-4  adoptee; the man deemed by law or adjudicated to be the biological
    4-5  father of an adoptee, a presumed <an adoptee's putative> father
    4-6  whose name appears on the adoptee's original birth certificate as
    4-7  the <adoptee's> father, and an alleged biological <a putative>
    4-8  father who has signed a consent to adoption, affidavit of
    4-9  relinquishment, affidavit of waiver of interest in child, or other
   4-10  written instrument releasing the adoptee for adoption, unless the
   4-11  consent, affidavit, or other instrument includes a sworn refusal to
   4-12  admit or a denial of paternity.  "Birth parent" includes a birth
   4-13  mother and birth father but does not include a person adjudicated
   4-14  by a court of competent jurisdiction not to be the biological
   4-15  parent of an adoptee.
   4-16              (10)  "Central registry" means the mutual consent
   4-17  voluntary adoption registry established and maintained by the
   4-18  Department of Protective and Regulatory Services <department> under
   4-19  this chapter.
   4-20              (11)  <"Putative father" means a man who is not deemed
   4-21  by law or adjudicated to be the biological father of an adoptee and
   4-22  who claims or is alleged to be the adoptee's biological father.>
   4-23              <(12)>  "Registry" means a mutual consent voluntary
   4-24  adoption registry established under this chapter.
   4-25              <(13)  "Siblings" means two or more persons who share a
    5-1  common birth or adoptive parent.>
    5-2        Sec. 49.003.  ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES.
    5-3  (a)  The Department of Protective and Regulatory Services
    5-4  <department> shall establish and maintain a mutual consent
    5-5  voluntary adoption registry.
    5-6        (b)  Except as provided by Subsection (c) of this section, an
    5-7  agency authorized by the department to place children for adoption
    5-8  and an association comprised exclusively of those agencies may
    5-9  establish a mutual consent voluntary adoption registry.  An agency
   5-10  may contract with any other agency authorized by the department to
   5-11  place children for adoption or with an association comprised
   5-12  exclusively of those agencies to perform registry services on its
   5-13  behalf.
   5-14        (c)  An authorized agency that does not directly or by
   5-15  contract provide registry services as required by this chapter on
   5-16  January 1, 1984, may not provide its own registry service.  The
   5-17  department shall operate through the central registry those
   5-18  services for agencies not permitted to provide a registry under
   5-19  this section.  An authorized agency that does not provide registry
   5-20  services shall file a report with the department on all adoptions
   5-21  of minors placed by the agency before January 1, 1984.
   5-22        (d)  The report required by Subsection (c) of this section
   5-23  shall <must> include:
   5-24              (1)  the name of the adopted child as shown in the
   5-25  final adoption decree;
    6-1              (2)  the birth date of the adopted child;
    6-2              (3)  the docket number of the adoption suit;
    6-3              (4)  the identity of the court granting the adoption;
    6-4              (5)  the date of the final adoption decree;
    6-5              (6)  the name and last known address of each adoptive
    6-6  and biological parent, guardian, managing conservator, or other
    6-7  person whose consent to adoption was required <or waived under
    6-8  Section 16.05, Family Code,> or whose parental rights were
    6-9  terminated in the adoption suit or in any suit affecting the
   6-10  parent-child relationship; and
   6-11              (7)  the identity of the agency through which the
   6-12  adopted child was placed.
   6-13        <Sec. 49.004.  ADMINISTRATION.  (a)  Each registry shall be
   6-14  directed by a registry administrator.  The administrator of a
   6-15  registry established by an authorized agency may be a person other
   6-16  than the administrator of that agency.>
   6-17        <(b)  The administrator may delegate to deputy administrators
   6-18  and staff the duties established by this chapter.>
   6-19        Sec. 49.004 <49.005>.  DETERMINATION OF APPROPRIATE REGISTRY
   6-20  <CENTRAL INDEX>.  (a)  The administrator of the central registry
   6-21  shall determine <compile a central index through which adoptees and
   6-22  birth parents may identify> the appropriate registry to <through>
   6-23  which the applicant is entitled to apply <to register>.
   6-24        (b)  <The clerk of the court in which an adoption is granted
   6-25  shall, on or before the 10th day of the first month after the month
    7-1  in which the adoption is granted, transmit to the administrator of
    7-2  the central registry a report of adoption with respect to each
    7-3  adoption granted on or after January 1, 1984.  The report must
    7-4  include the following information:>
    7-5              <(1)  the name of the adopted child after adoption as
    7-6  shown in the final adoption decree;>
    7-7              <(2)  the birth date of the adopted child;>
    7-8              <(3)  the docket number of the adoption suit;>
    7-9              <(4)  the identity of the court granting the adoption;>
   7-10              <(5)  the date of the final adoption decree;>
   7-11              <(6)  the name and address of each parent, guardian,
   7-12  managing conservator, or other person whose consent to adoption was
   7-13  required or waived under Section 16.05, Family Code, or whose
   7-14  parental rights were terminated in the adoption suit;>
   7-15              <(7)  the identity of the authorized agency, if any,
   7-16  through which the adopted child was placed for adoption; and>
   7-17              <(8)  the identity, address, and telephone number of
   7-18  the registry through which the adopted child may register as an
   7-19  adoptee.>
   7-20        <(c)  An authorized agency not required by Section 49.003(c)
   7-21  of this code to file a report may file with the administrator of
   7-22  the central registry a report of adoption with respect to any
   7-23  person adopted during minority before January 1, 1984.  The report
   7-24  may include:>
   7-25              <(1)  the name of the adopted child as shown in the
    8-1  final adoption decree;>
    8-2              <(2)  the birth date of the adopted child;>
    8-3              <(3)  the docket number of the adoption suit;>
    8-4              <(4)  the identity of the court granting the adoption;>
    8-5              <(5)  the date of the final adoption decree;>
    8-6              <(6)  the identity of the agency, if any, through which
    8-7  the adopted child was placed;>
    8-8              <(7)  the identity, address, and telephone number of
    8-9  the registry through which the adopted child may register as an
   8-10  adoptee.>
   8-11        <(d)>  Upon inquiry by an adoptee, birth parent, or sibling
   8-12  who has provided satisfactory proof of age and identity and paid
   8-13  all required inquiry fees, the administrator of the central
   8-14  registry shall review the information on file in the central index
   8-15  and consult with the administrators of other registries in the
   8-16  state in order to determine the identity of the appropriate
   8-17  registry or registries through which the adoptee, birth parent, or
   8-18  sibling may register. <If the index reveals that the adoptee was
   8-19  not placed for adoption through an authorized agency, the
   8-20  administrator of the central registry shall issue the adoptee an
   8-21  official certificate stating that the adoptee is entitled to apply
   8-22  for registration through the central registry.  If the index
   8-23  identifies an authorized agency through which the adoptee was
   8-24  placed for adoption, the administrator of the central registry
   8-25  shall determine the identity of the registry through which the
    9-1  adoptee may register.  If the administrator of the central registry
    9-2  cannot determine from the index whether or not the adoptee was
    9-3  placed for adoption through an authorized agency, the administrator
    9-4  of the central registry shall determine the identity of the
    9-5  registry with which the adoptee may register.>  Each administrator
    9-6  shall, within 30 days after receiving an inquiry from the
    9-7  administrator of the central registry, respond in writing to the
    9-8  inquiry that the registrant was not placed for adoption by any
    9-9  agency served by that registry or that the registrant was placed
   9-10  for adoption by an agency served by that registry.  If the
   9-11  registrant was placed for adoption by an agency served by the
   9-12  registry, the administrator shall file a report with the
   9-13  administrator of the central registry <including the information
   9-14  described by Subdivisions (1) through (6) of Subsection (c) of this
   9-15  section>.  The report shall include:
   9-16              (1)  the name of the adopted child as shown in the
   9-17  final adoption decree;
   9-18              (2)  the birth date of the adopted child;
   9-19              (3)  the docket number of the adoption suit;
   9-20              (4)  the identity of the court granting the adoption;
   9-21              (5)  the date of the final adoption decree;
   9-22              (6)  the identity of the agency, if any, through which
   9-23  the adopted child was placed; and
   9-24              (7)  the identity, address, and telephone number of the
   9-25  registry through which the adopted child may register as an
   10-1  adoptee.
   10-2        (c)  After completing his investigation, the administrator of
   10-3  the central registry shall issue an official certificate stating:
   10-4              (1)  the identity of the registry through which the
   10-5  adoptee, birth parent, or biological sibling may apply for
   10-6  registration, if known; or
   10-7              (2)  if the administrator cannot make a conclusive
   10-8  determination, that the adoptee, birth parent, or biological
   10-9  sibling is entitled to apply for registration through the central
  10-10  registry <and is entitled to apply for registration through other
  10-11  registries created under this chapter>.
  10-12        <(e)  Upon inquiry by a birth parent who has provided
  10-13  satisfactory proof of identity and age, and paid all required
  10-14  inquiry fees, the administrator of the central registry shall
  10-15  review the information on file in the central index and consult
  10-16  with the administrators of other registries in the state in order
  10-17  to determine the identity of the appropriate registry or registries
  10-18  through which the birth parent may register.  Each administrator
  10-19  shall, within 30 days after receiving an inquiry from the
  10-20  administrator of the central registry, respond in writing to the
  10-21  inquiry.  After completing his investigation, the administrator of
  10-22  the central registry shall provide the birth parent with a written
  10-23  statement either identifying the name, address, and telephone
  10-24  number of each registry through which registration would be
  10-25  appropriate or stating that after diligent inquiry the
   11-1  administrator cannot determine the specific registry or registries
   11-2  through which registration would be appropriate.>
   11-3        Sec. 49.005 <49.006>.  REGISTRATION ELIGIBILITY.  (a)  An
   11-4  adoptee who is 18 years old or older may apply to a registry for
   11-5  information about his birth parents and biological siblings.
   11-6        (b)  A birth parent who is 18 <21> years old or older may
   11-7  apply to a registry for information about an adoptee who is a child
   11-8  by birth of the birth parent.
   11-9        (c)  A presumed <putative> father who is 18 years old or
  11-10  older and who acknowledges paternity but is not, at the time of
  11-11  application, a birth father may register as a birth father but may
  11-12  not otherwise be recognized as a birth father for the purposes of
  11-13  this chapter unless:
  11-14              (1)  the adoptee's birth mother in her application
  11-15  identifies him as the adoptee's biological father; and
  11-16              (2)  additional information concerning the adoptee
  11-17  obtained from other sources is not inconsistent with his claim of
  11-18  paternity.
  11-19        (d)  A biological sibling who is 18 <21> years old or older
  11-20  may apply to a <the central> registry for information about his
  11-21  adopted biological siblings.  <The application must be independent
  11-22  of any application submitted by a biological sibling as an adoptee
  11-23  for information about his birth parents.>
  11-24        (e)  Only birth parents, adoptees, and biological siblings
  11-25  may apply for information through a registry.
   12-1        (f)  No person, including an authorized agency, may apply for
   12-2  information through a registry as an agent, attorney, or
   12-3  representative of an adoptee, birth parent, or biological sibling.
   12-4        Sec. 49.006 <49.007>.  REGISTRATION <APPLICATIONS>.  (a)  The
   12-5  administrator shall require each registration applicant to sign a
   12-6  written<, verified> application.
   12-7        (b)  An adoptee adopted or placed through an authorized
   12-8  agency may <must> register through the registry maintained by that
   12-9  agency or the registry to which the agency has delegated registry
  12-10  services or<.  An adoptee adopted through an authorized agency may
  12-11  not register through any other registry unless the agency through
  12-12  which he was adopted or the successor of the agency does not
  12-13  maintain a registry, directly or by delegation to another agency,
  12-14  in which case the adoptee may register through> the central
  12-15  registry maintained by the department.
  12-16        (c)  Birth parents and biological siblings should apply to
  12-17  register through the registry of the authorized agency through
  12-18  which the adoptee was adopted or placed.  If the proper registry is
  12-19  unknown or if the agency's registry refuses the application, birth
  12-20  parents and biological siblings may register through the central
  12-21  registry <may register through one or more registries>.
  12-22        (d)  The administrator may not accept an application for
  12-23  registration unless:
  12-24              (1)  the applicant provides proof of identity in
  12-25  accordance with Section 49.007 of this code;
   13-1              (2)  the applicant establishes his eligibility to
   13-2  register; and
   13-3              (3)  the applicant pays all required registration fees.
   13-4        (e)  Unless earlier withdrawn, a registration remains in full
   13-5  force and effect from the date of acceptance for 99 years or for a
   13-6  shorter period specified by the registrant in his application.
   13-7        (f)  A registrant may withdraw his registration in writing
   13-8  without charge at any time.
   13-9        (g)  After withdrawal or expiration of the registration, the
  13-10  registrant shall be treated as if he had never registered.
  13-11        (h)  A complete registry application shall be accepted or
  13-12  rejected within 45 days after the date the application is received.
  13-13  If the application is rejected, the administrator shall provide the
  13-14  applicant with a written statement of the reasons for rejection.
  13-15  <Biological siblings registering as biological siblings may
  13-16  register through the central registry only.>
  13-17        <(e)  Each application must contain:>
  13-18              <(1)  the name, address, and telephone number of the
  13-19  applicant;>
  13-20              <(2)  all other names and aliases by which the
  13-21  applicant has been known;>
  13-22              <(3)  the applicant's name, age, date of birth, and
  13-23  place of birth;>
  13-24              <(4)  the original name of the adoptee, if known;>
  13-25              <(5)  the adoptive name of the adoptee, if known;>
   14-1              <(6)  a statement that the applicant is willing to
   14-2  allow his identity to be disclosed to those registrants eligible to
   14-3  learn his identity;>
   14-4              <(7)  the name, address, and telephone number of the
   14-5  agency or other entity, organization, or person placing the adoptee
   14-6  for adoption, if known; or, if not known, a statement that the
   14-7  applicant does not know that information;>
   14-8              <(8)  an authorization to the administrator and his
   14-9  delegates to inspect all vital statistics records, court records,
  14-10  and agency records, including confidential records, relating to the
  14-11  birth, adoption, marriage, and divorce of the applicant or to the
  14-12  birth and death of any child or sibling by birth or adoption of the
  14-13  applicant;>
  14-14              <(9)  the specific address to which the applicant
  14-15  wishes notice of a successful match to be mailed;>
  14-16              <(10)  a statement that the applicant either does or
  14-17  does not consent to disclosure of identifying information about
  14-18  himself after the applicant's death;>
  14-19              <(11)  a statement that the registration is to be
  14-20  effective for 99 years or for a stated shorter period selected by
  14-21  the applicant; and>
  14-22              <(12)  a statement that the adoptee applicant either
  14-23  does or does not desire to be informed that registry records
  14-24  indicate that the applicant has a biological sibling who has
  14-25  registered under this chapter.>
   15-1        <(f)  The application may contain the applicant's social
   15-2  security number if the applicant, after being advised of his right
   15-3  not to supply such number, voluntarily furnishes it.>
   15-4        <(g)  The application of an adoptee must include the names
   15-5  and birth dates of all children younger than 21 years old in the
   15-6  applicant's adoptive family.>
   15-7        <(h)  The application of a birth mother must include the
   15-8  following information:>
   15-9              <(1)  the original name and date of birth or
  15-10  approximate date of birth of each adoptee with respect to whom she
  15-11  is registering;>
  15-12              <(2)  each name known or thought by the applicant to
  15-13  have been used by the adoptee's birth father;>
  15-14              <(3)  the last known address of the adoptee's birth
  15-15  father; and>
  15-16              <(4)  other information available to her through which
  15-17  the birth father may be identified.>
  15-18        <(i)  The application of the birth father must include the
  15-19  following information:>
  15-20              <(1)  the original name and date of birth or
  15-21  approximate date of birth of each adoptee with respect to whom he
  15-22  is registering;>
  15-23              <(2)  each name, including the maiden name, known or
  15-24  thought by the applicant to have been used by the adoptee's birth
  15-25  mother;>
   16-1              <(3)  the last known address of the adoptee's birth
   16-2  mother; and>
   16-3              <(4)  other information available to him through which
   16-4  the birth mother may be identified.>
   16-5        <(j)  The application of a biological sibling must include:>
   16-6              <(1)  a statement explaining the applicant's basis for
   16-7  believing that he has one or more biological siblings;>
   16-8              <(2)  the names of all the applicant's siblings by
   16-9  birth and adoption and their dates and places of birth, if known;>
  16-10              <(3)  the names of his legal parents;>
  16-11              <(4)  the names of his birth parents, if known; and>
  16-12              <(5)  any other information known to the applicant
  16-13  through which the existence and identity of the applicant's
  16-14  biological siblings can be confirmed.>
  16-15        <(k)  An application may also contain additional information
  16-16  through which the applicant's identity and eligibility to register
  16-17  may be ascertained.>
  16-18        <(l)  The administrator shall assist the applicant in filling
  16-19  out the application if the applicant is unable to complete the
  16-20  application without assistance, but the administrator may not
  16-21  furnish the applicant with any substantive information necessary to
  16-22  complete the application.>
  16-23        Sec. 49.007 <49.008>.  PROOF OF IDENTITY.  The department's
  16-24  rules and minimum standards must provide for proof of identity in
  16-25  order to facilitate the purposes of this chapter and to protect the
   17-1  privacy rights of adoptees, adoptive parents, birth parents,
   17-2  biological siblings, and their families.
   17-3        Sec. 49.008 <49.009>.  APPLICATION <REGISTRATION>.  (a)  Each
   17-4  application must contain:
   17-5              (1)  the name, address, and telephone number of the
   17-6  applicant;
   17-7              (2)  all other names and aliases by which the applicant
   17-8  has been known;
   17-9              (3)  the applicant's age, date of birth, and place of
  17-10  birth;
  17-11              (4)  the original name of the adoptee, if known;
  17-12              (5)  the adoptive name of the adoptee, if known;
  17-13              (6)  a statement that the applicant is willing to allow
  17-14  his identity to be disclosed to those registrants eligible to learn
  17-15  his identity;
  17-16              (7)  the name, address, and telephone number of the
  17-17  agency or other entity, organization, or person placing the adoptee
  17-18  for adoption, if known, or, if not known, a statement that the
  17-19  applicant does not know that information;
  17-20              (8)  an authorization to the administrator and his
  17-21  delegates to inspect all vital statistics records, court records,
  17-22  and agency records, including confidential records relating to the
  17-23  birth, adoption, marriage, or divorce of the applicant or to the
  17-24  birth or death of any child or sibling by birth or adoption of the
  17-25  applicant;
   18-1              (9)  the specific address to which the applicant wishes
   18-2  notice of a successful match to be mailed;
   18-3              (10)  a statement that the applicant either does or
   18-4  does not consent to disclosure of identifying information about
   18-5  himself after the applicant's death;
   18-6              (11)  a statement that the registration is to be
   18-7  effective for 99 years or for a stated shorter period selected by
   18-8  the applicant; and
   18-9              (12)  a statement that the adoptee applicant either
  18-10  does or does not desire to be informed that registry records
  18-11  indicate that the applicant has a biological sibling who has
  18-12  registered under this chapter.  <The administrator may not accept
  18-13  an application for registration unless:>
  18-14              <(1)  the applicant provides proof of identity in
  18-15  accordance with Section 49.008 of this code;>
  18-16              <(2)  the applicant establishes his eligibility to
  18-17  register;>
  18-18              <(3)  the administrator has determined that the
  18-19  applicant is not required to register with another registry;>
  18-20              <(4)  the applicant pays all required registration
  18-21  fees; and>
  18-22              <(5)  the counseling required under Section 49.013 of
  18-23  this code has been completed.>
  18-24        (b)  The application may contain the applicant's social
  18-25  security number if the applicant, after being advised of his right
   19-1  not to supply such number, voluntarily furnishes it.  <Unless
   19-2  earlier withdrawn, a registration remains in full force and effect
   19-3  from the date of acceptance for 99 years or for a shorter period
   19-4  specified by the registrant in his application.>
   19-5        (c)  The application of a birth parent must include the
   19-6  following information:
   19-7              (1)  the original name, date of birth or approximate
   19-8  date of birth, and place of birth of each adoptee with respect to
   19-9  whom the parent is registering;
  19-10              (2)  the names of all other birth children, including
  19-11  maiden names, aliases, dates and places of birth, and names of the
  19-12  birth parents;
  19-13              (3)  each name known or thought by the applicant to
  19-14  have been used by the adoptee's other birth parent;
  19-15              (4)  the last known address of the adoptee's other
  19-16  birth parent; and
  19-17              (5)  other information available to the applicant
  19-18  through which the other birth parent may be identified.  <A
  19-19  registrant may withdraw his registration without charge at any
  19-20  time.>
  19-21        (d)  The application of a biological sibling must include:
  19-22              (1)  a statement explaining the applicant's basis for
  19-23  believing that the applicant has one or more biological siblings;
  19-24              (2)  the names, including maiden and married names, and
  19-25  aliases of all the applicant's siblings by birth and adoption and
   20-1  their dates and places of birth and birth parents, if known;
   20-2              (3)  the names of the applicant's legal parents;
   20-3              (4)  the names of the applicant's birth parents, if
   20-4  known; and
   20-5              (5)  any other information known to the applicant
   20-6  through which the existence and identity of the applicant's
   20-7  biological siblings can be confirmed.
   20-8        (e)  An application may also contain additional information
   20-9  through which the applicant's identity and eligibility to register
  20-10  may be ascertained.
  20-11        (f)  The administrator shall assist the applicant in filling
  20-12  out the application if the applicant is unable to complete the
  20-13  application without assistance, but the administrator may not
  20-14  furnish the applicant with any substantive information necessary to
  20-15  complete the application.  <After withdrawal or expiration of the
  20-16  registration, the registrant shall be treated as if he had never
  20-17  registered.>
  20-18        <Sec. 49.010.  REJECTED APPLICATIONS.  (a)  Registry
  20-19  application shall be accepted or rejected within 45 days after the
  20-20  date the application is filed.>
  20-21        <(b)  If an application is rejected, the administrator shall
  20-22  provide the applicant with a written statement of the reasons for
  20-23  rejection.>
  20-24        <(c)  If the basis for rejecting the application is that the
  20-25  applicant is required to register through another registry, the
   21-1  registry administrator shall identify the registry through which
   21-2  the applicant is required to apply, if known.>
   21-3        Sec. 49.009 <49.011>.  FEES.  (a)  The costs of establishing,
   21-4  operating, and maintaining a registry may be recovered in whole or
   21-5  in part through users' fees charged to applicants and registrants.
   21-6        (b)  Each registry shall establish a schedule of fees for
   21-7  services provided by <to users of> the registry.  Fees set forth in
   21-8  the schedule of fees shall be reasonably related to the direct and
   21-9  indirect costs of establishing, operating, and maintaining the
  21-10  registry.  <The department shall collect from each registrant a
  21-11  registration fee of $15 or an amount set as provided under H.B. No.
  21-12  894, Acts of the 68th Legislature, Regular Session, 1983, whichever
  21-13  amount is the larger.>  The fee collected by the department shall
  21-14  be deposited in the state treasury to the credit of a special fund
  21-15  that may be appropriated only for the administration of the central
  21-16  registry.  No fees may be charged for withdrawing a registration.
  21-17        (c)  The administrator may waive users' fees in whole or in
  21-18  part if the applicant provides satisfactory proof of financial
  21-19  inability to pay such fees.
  21-20        Sec. 49.010 <49.012>.  SUPPLEMENTAL INFORMATION.  (a)  A
  21-21  registrant may amend his registration and may submit additional
  21-22  information to the administrator.  A registrant shall notify the
  21-23  administrator of any change in his name or address that occurs
  21-24  after acceptance of his application.
  21-25        (b)  The administrator has no duty to search for a registrant
   22-1  who fails to register any change of name or address.
   22-2        Sec. 49.011 <49.013>.  COUNSELING.  <(a)>  The applicant must
   22-3  participate in counseling for at least one hour with a social
   22-4  worker or mental health professional with expertise in postadoption
   22-5  counseling after <before> the administrator has accepted the <may
   22-6  accept his> application and prior to the release of confidential
   22-7  information <for registration>.
   22-8        <(b)  The counseling shall be with a social worker or mental
   22-9  health professional employed or designated by the department or
  22-10  agency operating the registry.>
  22-11        <(c)  If the applicant is unwilling or unable to counsel with
  22-12  a social worker or mental health professional employed by the
  22-13  department or agency operating the registry, the applicant may
  22-14  arrange for counseling at his expense with any social worker or
  22-15  mental health professional mutually agreeable to the applicant and
  22-16  the registry administrator at a location reasonably accessible to
  22-17  the applicant.>
  22-18        <(d)  Counseling fees charged by the department or agency
  22-19  operating a registry shall be set forth in the schedule of fees
  22-20  required under Section 49.011(b) of this code.>
  22-21        <(e)  The social worker or mental health professional with
  22-22  whom the applicant has counseled shall furnish the applicant and
  22-23  the administrator with a written certification that the required
  22-24  counseling has been completed.>
  22-25        Sec. 49.012 <49.014>.  MATCHING PROCEDURES.  (a)  The
   23-1  administrator shall process each registration in an attempt to
   23-2  match the adoptee and his birth parents or the adoptee <a
   23-3  biological sibling> and his biological siblings.
   23-4        (b)  The administrator shall determine that there is a match
   23-5  if the adult adoptee and<,> the birth mother or<, and> the birth
   23-6  father have <each> registered or if a <any two> biological sibling
   23-7  has <siblings have> registered.  <No match shall be made until the
   23-8  youngest living adoptive sibling of an adoptee who shares a common
   23-9  birth parent with the adoptee is 21 years old or older.>
  23-10        (c)  In order to establish or corroborate a match, the
  23-11  administrator shall request confirmation of a possible match from
  23-12  the bureau of <each> vital statistics <bureau that has possession
  23-13  of the adoptee's or biological siblings' original birth records>,
  23-14  unless the department or agency operating the registry has in its
  23-15  own records sufficient information through which the match may be
  23-16  confirmed.  The<, in which case, the> administrator may, but is not
  23-17  required to, request confirmation from the bureau of <a> vital
  23-18  statistics <bureau>.  The bureau of <A> vital statistics <bureau>
  23-19  may, without breaching any duty of confidentiality to the adoptee,
  23-20  adoptive parents, birth parents, or biological siblings involved,
  23-21  and without the necessity of a court order, confirm or deny the
  23-22  match.
  23-23        (d)  In order to establish <or corroborate> a match, the
  23-24  administrator may also request confirmation of a possible match
  23-25  from the agency, if any, which has possession of records concerning
   24-1  the adoption of an adoptee, from the court that granted the
   24-2  adoption, from the hospital where the adoptee or any biological
   24-3  sibling was born, from the physician who delivered the adoptee or
   24-4  any biological sibling, or from any other person who has knowledge
   24-5  of the relevant facts.  The agency, court, hospital, physician, or
   24-6  person with knowledge may, without breaching any duty of
   24-7  confidentiality to the adoptee, adoptive parents, birth parents, or
   24-8  biological siblings involved, confirm or deny the match.
   24-9        (e)  If a match is denied by any source contacted under
  24-10  Subsection (d) of this section, the administrator shall make a full
  24-11  and complete investigation into the reliability of the denial.  If
  24-12  the match is corroborated by other reliable sources and the
  24-13  administrator is satisfied that the denial is erroneous, the
  24-14  administrator may make disclosures but shall report to the adoptee,
  24-15  birth parents, and biological siblings involved that the match was
  24-16  not confirmed by all information sources.
  24-17        Sec. 49.013.  DISCLOSURE OF IDENTIFYING INFORMATION.
  24-18  <49.015.  PARTIAL MATCH.  (a)  If the administrator determines that
  24-19  an adoptee and either of the adoptee's birth parents have
  24-20  registered, disclosures may be made without the registration of the
  24-21  other birth parent only if:>
  24-22              <(1)  the birth parent who did not register, after
  24-23  having been served with citation in person, by publication, or by
  24-24  other substituted service, defaulted in the suit in which the
  24-25  parent-child relationship between the birth parent and the adoptee
   25-1  was terminated or declared not to exist;>
   25-2              <(2)  the adoptee and birth mother of the adoptee have
   25-3  registered, and each putative father of the adoptee has either died
   25-4  without establishing his paternity or failed to establish his
   25-5  paternity after being served with citation in person, by
   25-6  publication, or by substituted service in any suit affecting the
   25-7  parent-child relationship with respect to the adoptee;>
   25-8              <(3)  the adoptee and the birth mother of the adoptee
   25-9  have registered, and there is no man who is a birth parent of the
  25-10  adoptee;>
  25-11              <(4)  the birth mother submits, or the administrator
  25-12  obtains from a court of competent jurisdiction in the state where
  25-13  the adoptee's original birth certificate is filed, a copy of a
  25-14  judgment declaring that the identity of the adoptee's biological
  25-15  father is unknown; or>
  25-16              <(5)  the administrator verifies that no living man was
  25-17  identified and given notice in preadoption legal proceedings of his
  25-18  status as the adoptee's biological father and that before January
  25-19  1, 1974, either the parent-child relationship between the adoptee
  25-20  and the adoptee's birth mother was terminated or the adoptee was
  25-21  adopted.>
  25-22        <(b)  After the requirements of Subsection (a) of this
  25-23  section have been satisfied, the administrator shall notify the
  25-24  registrants affected of the match.>
  25-25        <Sec. 49.016.  NOTIFICATION OF MATCH.>  (a)  When a match has
   26-1  been made and confirmed to the administrator's satisfaction, the
   26-2  administrator shall mail to each registrant, at his last known
   26-3  address, by fax or registered or certified mail, return receipt
   26-4  requested, delivery restricted to addressee only, a written notice:
   26-5              (1)  informing the registrant that a match has been
   26-6  made and confirmed;
   26-7              (2)  reminding the registrant that he may withdraw his
   26-8  registration before disclosures are made, if he so desires<, and
   26-9  that identifying information about the registrant may be released
  26-10  after 30 days in the event the registrant fails to withdraw his
  26-11  registration>;
  26-12              (3)  notifying the registrant that before any
  26-13  identifying disclosures are made <to him,> he must:
  26-14                    (A)  sign a written <postmatch> consent to
  26-15  disclosure which allows the disclosure of identifying information
  26-16  about the other registrants to him and permits the disclosure of
  26-17  identifying information about him to the other registrants
  26-18  <acknowledging that he continues to desire that disclosures be made
  26-19  to him>;
  26-20                    (B)  participate in counseling for at least one
  26-21  hour with a social worker or mental health professional with
  26-22  expertise in postadoption counseling; and
  26-23                    (C)  provide the administrator with written
  26-24  certification that the required counseling has been completed by a
  26-25  social worker or mental health professional with expertise in
   27-1  postadoption counseling.
   27-2              <(4)  advising the registrant that additional
   27-3  counseling services are available.>
   27-4        (b)  Identifying information about a registrant shall be
   27-5  released without the registrant's having consented after the match
   27-6  to disclosure if<:>
   27-7              <(1)  the registrant fails to withdraw his registration
   27-8  within 30 days after receiving the notification of match;>
   27-9              <(2)  there is no proof that the notification of match
  27-10  was received by the registrant within 45 days after the date the
  27-11  notification of match was mailed to the registrant and the
  27-12  administrator, after making due inquiry to the vital statistics
  27-13  bureaus of this state and the state of the registrant's last known
  27-14  address, has not within 90 days after the date the notification of
  27-15  match was mailed obtained satisfactory proof of the registrant's
  27-16  death; or>
  27-17              <(3)>  the registrant is dead, the registrant's
  27-18  registration was valid at the time of his death, and the registrant
  27-19  had in writing specifically authorized the postdeath disclosure in
  27-20  his application or in a supplemental statement filed with the
  27-21  administrator.
  27-22        (c)  Identifying information about a deceased birth parent
  27-23  may not be released until each surviving child of the deceased
  27-24  birth parent is an adult or until each <unless the> child's
  27-25  surviving parent, guardian, managing conservator, or legal
   28-1  custodian consents in writing to the disclosure.
   28-2        (d)  The administrator shall prepare and release written
   28-3  disclosure statements containing identifying information about each
   28-4  of the <other to> registrants who have complied with Subsection (a)
   28-5  of this section <Section 49.016(a) of this code> if within 60 days
   28-6  from the date notification of match was mailed, the <remaining>
   28-7  registrant or registrants have not withdrawn their registrations.
   28-8        (e)  If the administrator establishes that no match can be
   28-9  made because of the death of an adoptee, birth parent, or
  28-10  biological sibling, the administrator shall promptly notify the
  28-11  registrants affected.  The administrator shall disclose the reason
  28-12  that no match can be made and may disclose nonidentifying
  28-13  information concerning the circumstances of death.
  28-14        <Sec. 49.017.  DISCLOSURE:  ADOPTEE AND BIRTH PARENTS.
  28-15  (a)  The administrator shall prepare disclosure statements and
  28-16  schedule disclosure conferences with the registrants entitled to
  28-17  disclosure under Section 49.016 of this code.>
  28-18        <(b)  Except as provided by Subsection (d) of this section,
  28-19  identifying information may not be disclosed in any manner other
  28-20  than in a face-to-face conference attended in person by the
  28-21  registrant entitled to receive such information and a
  28-22  representative of the registry or of the agency through which the
  28-23  adoptee was adopted.>
  28-24        <(c)  At a conference, the registrant must be furnished with
  28-25  a written disclosure statement including the name, address, and
   29-1  telephone number of the registrants affected about whom identifying
   29-2  information may be disclosed.>
   29-3        <(d)  If it would be unduly difficult for a registrant to
   29-4  attend a disclosure conference in person, the administrator shall,
   29-5  at the request of the registrant and with written permission from
   29-6  the other registrants affected, waive the requirement of a
   29-7  face-to-face conference and mail the disclosure statement by
   29-8  registered or certified mail, return receipt requested, delivery
   29-9  restricted to addressee only, to the address specified by the
  29-10  registrant.>
  29-11        <(e)  The registrant shall sign a written statement
  29-12  acknowledging receipt of the disclosure statement.>
  29-13        <Sec. 49.018.  DISCLOSURE:  BIOLOGICAL SIBLINGS.  (a)  The
  29-14  administrator shall prepare disclosure statements and schedule
  29-15  disclosure conferences with the registrants entitled to disclosure
  29-16  under Section 49.016 of this code.>
  29-17        <(b)  Except as provided by Subsection (d) of this section,
  29-18  identifying information may not be disclosed in any manner other
  29-19  than in a face-to-face conference attended in person by the
  29-20  registrant entitled to receive the information and a representative
  29-21  of the registry.>
  29-22        <(c)  At a conference, the registrant must be furnished with
  29-23  a written disclosure statement including the name, address, and
  29-24  telephone number of each of the registrant's biological siblings
  29-25  about whom identifying information may be released.>
   30-1        <(d)  If it would be unduly difficult for a registrant to
   30-2  attend a disclosure conference in person, the administrator shall,
   30-3  at the request of the registrant and with written permission from
   30-4  the other registrants affected, waive the requirement of a
   30-5  face-to-face conference and mail the disclosure statement by
   30-6  registered or certified mail, return receipt requested, delivery
   30-7  restricted to addressee only, to the address specified by the
   30-8  registrant.>
   30-9        <(e)  The registrant shall sign a written statement
  30-10  acknowledging receipt of the disclosure statement.>
  30-11        <Sec. 49.019.  IMPOSSIBILITY OF DISCLOSURE.  If the
  30-12  administrator establishes that no match can be made because of the
  30-13  death of an adoptee, birth parent, or biological sibling, the
  30-14  administrator shall promptly notify the registrants affected.  The
  30-15  administrator shall disclose the reason that no match can be made
  30-16  and may disclose nonidentifying information concerning the
  30-17  circumstances of death.>
  30-18        Sec. 49.014 <49.020>.  REGISTRY RECORDS CONFIDENTIAL.
  30-19  (a)  All applications, registrations, records, and other
  30-20  information submitted to, obtained by, or otherwise acquired by a
  30-21  registry are confidential and may not be disclosed to any person or
  30-22  entity except in the manner authorized in this chapter.
  30-23        (b)  The information acquired by a registry may not be
  30-24  disclosed under freedom of information or sunshine legislation,
  30-25  rules, or practice.
   31-1        (c)  A person may not file or prosecute class action
   31-2  litigation to force a registry to disclose identifying information
   31-3  of any kind.
   31-4        Sec. 49.015 <49.021>.  RULEMAKING.  (a)  The department shall
   31-5  make rules and promulgate minimum standards to carry out the
   31-6  provisions of this chapter and to ensure that each registry
   31-7  respects the right to privacy and confidentiality of an adoptee,
   31-8  birth parent, and biological sibling who does not desire to
   31-9  disclose his identity.
  31-10        (b)  The department shall conduct a comprehensive review of
  31-11  all of its rules and standards under this chapter at least every
  31-12  six years.
  31-13        (c)  Before adopting rules and promulgating minimum
  31-14  standards, the department shall send a copy of the proposed rules
  31-15  and standards at least 60 days before they take effect to the
  31-16  administrator of each registry established under this chapter and
  31-17  to the administrator of each agency authorized by the department to
  31-18  place children for adoption in order to provide the administrators
  31-19  an opportunity to review the proposed rules and standards and send
  31-20  written suggestions to the department in connection therewith.
  31-21        Sec. 49.016 <49.022>.  PROHIBITED ACTS; CRIMINAL PENALTIES.
  31-22  (a)  Nothing in this chapter prevents <An administrator, employee,
  31-23  or agent of the department may not initiate contact with an adult
  31-24  adoptee, birth parent, or biological sibling, directly or
  31-25  indirectly, for the purpose of requesting or suggesting that the
   32-1  adoptee, birth parent, or biological sibling place his name in a
   32-2  registry.  This subsection does not prevent> the department from
   32-3  making known to the public, by appropriate means, the existence of
   32-4  voluntary adoption registries.
   32-5        (b)  Information received by or in connection with the
   32-6  operation of a registry may not be stored in any data bank used for
   32-7  any purpose other than operation of the registry <or processed
   32-8  through any data processing equipment accessible by any person not
   32-9  employed by the registry>.
  32-10        (c)  A person commits an offense if he, in violation of this
  32-11  chapter, knowingly or recklessly discloses information from
  32-12  registry applications, registrations, records, and other
  32-13  information submitted to, obtained by, or otherwise acquired by a
  32-14  registry.  This subsection shall not be construed to penalize the
  32-15  disclosure of information from adoption agency records, as opposed
  32-16  to registry records.  An offense under this subsection is a felony
  32-17  of the second degree.
  32-18        (d)  A person commits an offense if he, in violation of this
  32-19  chapter, by criminal negligence causes or permits the disclosure of
  32-20  information from registry applications, registrations, records, and
  32-21  other information submitted to, obtained by, or otherwise acquired
  32-22  by a registry.  This subsection shall not be construed to penalize
  32-23  the disclosure of information from adoption agency records, as
  32-24  opposed to registry records.  An offense under this subsection is a
  32-25  Class A misdemeanor.
   33-1        (e)  A person commits an offense if he impersonates an
   33-2  adoptee, birth parent, or biological sibling with the intent to
   33-3  secure confidential information from a registry established
   33-4  pursuant to this chapter.  An offense under this subsection is a
   33-5  felony of the second degree.
   33-6        (f)  A person commits an offense if he impersonates an
   33-7  administrator, agent, or employee of a registry with the intent to
   33-8  secure confidential information from a registry established
   33-9  pursuant to this chapter.  An offense under this subsection is a
  33-10  felony of the second degree.
  33-11        (g)  A person commits an offense if he, with intent to
  33-12  deceive and with knowledge of the statement's meaning, makes a
  33-13  false statement under oath in connection with the operation of a
  33-14  registry.  An offense under this subsection is a felony of the
  33-15  third degree.
  33-16        Sec. 49.017 <49.023>.  IMMUNITY FROM LIABILITY.  (a)  Neither
  33-17  the department nor an authorized agency establishing or operating a
  33-18  registry is liable to any person for obtaining or disclosing
  33-19  identifying information about a birth parent, adoptee, or
  33-20  biological sibling within the scope of this chapter and under its
  33-21  provisions.
  33-22        (b)  An employee or agent of the department or of any
  33-23  authorized agency establishing or operating a registry pursuant to
  33-24  this chapter is not liable to any person for obtaining or
  33-25  disclosing identifying information about a birth parent, adoptee,
   34-1  or biological sibling within the scope of this chapter and under
   34-2  its provisions.
   34-3        (c)  A person or entity furnishing information to the
   34-4  administrator or any employee or agent of a registry is not liable
   34-5  to any person for disclosing information about a birth parent,
   34-6  adoptee, or biological sibling within the scope of this chapter and
   34-7  under its provisions.
   34-8        (d)  A person or entity is not immune from liability for
   34-9  performing any act prohibited by Section 49.016 <49.022> of this
  34-10  code.
  34-11        SECTION 2.  Subsection (b), Section 11.17, Family Code, is
  34-12  amended to read as follows:
  34-13        (b)  On entry of an order <a decree> of adoption or on the
  34-14  loss <termination> of jurisdiction of a court as provided in
  34-15  Section 11.05(d) of this code, the clerk of the court <at
  34-16  petitioner's request> shall on or before the 10th day of the first
  34-17  month after the month in which the adoption is rendered transmit to
  34-18  the central registry of the department:
  34-19              (1)(A)  a complete file in the case, including all
  34-20  pleadings, papers, studies, and records in the suit other than the
  34-21  minutes of the court, if the petitioner has requested that the
  34-22  complete file be sent; or
  34-23                    (B)  <.  The clerk of the court, on entry of a
  34-24  decree of adoption, shall send to the department> a certified copy
  34-25  of the petition and order <decree> of adoption, excluding<.  The
   35-1  clerk may not transmit to the department> pleadings, papers,
   35-2  studies, and records relating to a suit for divorce or annulment or
   35-3  to declare a marriage void; and
   35-4              (2)  a report of adoption which includes:
   35-5                    (A)  the name of the adopted child after adoption
   35-6  as shown in the adoption order;
   35-7                    (B)  the birth date of the adopted child;
   35-8                    (C)  the docket number of the adoption suit;
   35-9                    (D)  the identity of the court rendering the
  35-10  adoption;
  35-11                    (E)  the date of the adoption order;
  35-12                    (F)  the name and address of each parent,
  35-13  guardian, managing conservator, or other person whose consent to
  35-14  adoption was required or waived as provided in Chapter 16 of this
  35-15  code, or whose parental rights were terminated in any suit
  35-16  affecting the parent-child relationship;
  35-17                    (G)  the identity of the licensed child-placing
  35-18  agency, if any, through which the adopted child was placed for
  35-19  adoption; and
  35-20                    (H)  the identity, address, and telephone number
  35-21  of the registry through which the adopted child may register as an
  35-22  adoptee.  <When the department receives the complete file or
  35-23  petition and decree of adoption, it shall close the records
  35-24  concerning that child; and except for statistical purposes, it
  35-25  shall not disclose any information concerning the prior proceedings
   36-1  affecting the child.  Except as provided in Subsection (d) of this
   36-2  section, any subsequent inquiries concerning the child shall be
   36-3  handled as though the child had not been previously the subject of
   36-4  a suit affecting the parent-child relationship.  On the receipt of
   36-5  additional records concerning a child who has been the subject of a
   36-6  suit affecting the parent-child relationship in which the records
   36-7  have been closed as required in this section, a new file shall be
   36-8  made and maintained as other records required by this section.>
   36-9        SECTION 3.  This Act takes effect September 1, 1995.
  36-10        SECTION 4.  The importance of this legislation and the
  36-11  crowded condition of the calendars in both houses create an
  36-12  emergency and an imperative public necessity that the
  36-13  constitutional rule requiring bills to be read on three several
  36-14  days in each house be suspended, and this rule is hereby suspended.