S.B. No. 291
                                        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.  Subdivisions (2), (3), (7), and (9), Section
    1-4  162.402, Family Code, as added by H.B. No. 655, Acts of the 74th
    1-5  Legislature, Regular Session, 1995, are amended to read as follows:
    1-6              (2)  "Adoptee" means a person 18 years of age or older
    1-7  who has been legally adopted in this state <during the person's
    1-8  minority> or <who was born in this state and legally adopted during
    1-9  the person's minority under the laws of> another state or country.
   1-10              (3)  "Adoption" means the act of creating the legal
   1-11  relationship of parent and child between a person and a child who
   1-12  is not the biological child of that person.  The term does not
   1-13  include the act of establishing the legal relationship of parent
   1-14  and child between a man and a child through proof of paternity or
   1-15  voluntary legitimation proceedings <or the adoption of an adult>.
   1-16              (7)  "Authorized agency" means a public <social
   1-17  service> agency authorized to care for or to place children for
   1-18  adoption or a private entity approved for that purpose by the
   1-19  department through a license, certification, or other means <any
   1-20  other person approved for that purpose by the department>.  The
   1-21  term includes a licensed child-placing agency or a previously
   1-22  licensed child-placing <unlicensed private adoption> agency that
   1-23  has ceased operations <as an adoption agency> and has transferred
    2-1  its adoption records to the department or an agency authorized by
    2-2  the department to place children for adoption and a licensed
    2-3  child-placing <or unlicensed adoption> agency that has been
    2-4  acquired by, merged with, or otherwise succeeded by an agency
    2-5  authorized by the department to place children for adoption.
    2-6              (9)  "Biological siblings" means persons <siblings> who
    2-7  share a common birth parent.
    2-8        SECTION 2.  Section 162.405, Family Code, as added by H.B.
    2-9  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   2-10  amended to read as follows:
   2-11        Sec. 162.405.  DETERMINATION OF APPROPRIATE REGISTRY <CENTRAL
   2-12  INDEX>.  (a)  The administrator of the central registry shall
   2-13  determine <compile a central index through which adoptees and birth
   2-14  parents may identify> the appropriate registry to <through> which
   2-15  an applicant is entitled to apply <register>.
   2-16        (b)  <The clerk of the court in which an adoption is granted
   2-17  shall, on or before the 10th day of the first month after the month
   2-18  in which the adoption is granted, transmit to the administrator of
   2-19  the central registry a report of adoption with respect to each
   2-20  adoption granted.  The report must include the following
   2-21  information:>
   2-22              <(1)  the name of the adopted child after adoption as
   2-23  shown in the final adoption decree;>
   2-24              <(2)  the birth date of the adopted child;>
   2-25              <(3)  the docket number of the adoption suit;>
    3-1              <(4)  the identity of the court granting the adoption;>
    3-2              <(5)  the date of the final adoption decree;>
    3-3              <(6)  the name and address of each parent, guardian,
    3-4  managing conservator, or other person whose consent to adoption was
    3-5  required or waived under Section 162.010 or whose parental rights
    3-6  were terminated in the adoption suit;>
    3-7              <(7)  the identity of the authorized agency, if any,
    3-8  through which the adopted child was placed for adoption; and>
    3-9              <(8)  the identity, address, and telephone number of
   3-10  the registry through which the adopted child may register as an
   3-11  adoptee.>
   3-12        <(c)  An authorized agency may file with the administrator of
   3-13  the central registry a report of adoption with respect to any
   3-14  person adopted during the person's minority before January 1, 1984.
   3-15  The report may include:>
   3-16              <(1)  the name of the adopted child after adoption as
   3-17  shown in the final adoption decree;>
   3-18              <(2)  the birth date of the adopted child;>
   3-19              <(3)  the docket number of the adoption suit;>
   3-20              <(4)  the identity of the court granting the adoption;>
   3-21              <(5)  the date of the final adoption decree;>
   3-22              <(6)  the identity of the agency, if any, through which
   3-23  the adopted child was placed; and>
   3-24              <(7)  the identity, address, and telephone number of
   3-25  the registry through which the adopted child may register as an
    4-1  adoptee.>
    4-2        <(d)>  On receiving an inquiry by an adoptee, birth parent,
    4-3  or sibling who has provided satisfactory proof of age and identity
    4-4  and paid all required inquiry fees, the administrator of the
    4-5  central registry shall review the information on file in the
    4-6  central index and consult with the administrators of other
    4-7  registries in the state to determine the identity of any
    4-8  appropriate registry through which the adoptee, birth parent, or
    4-9  sibling may register.  <If the index reveals that the adoptee was
   4-10  not placed for adoption through an authorized agency, the
   4-11  administrator of the central registry shall issue the adoptee an
   4-12  official certificate stating that the adoptee is entitled to apply
   4-13  for registration through the central registry.  If the index
   4-14  identifies an authorized agency through which the adoptee was
   4-15  placed for adoption, the administrator of the central registry
   4-16  shall determine the identity of the registry through which the
   4-17  adoptee may register.  If the administrator of the central registry
   4-18  cannot determine from the index whether the adoptee was placed for
   4-19  adoption through an authorized agency, the administrator of the
   4-20  central registry shall determine the identity of the registry with
   4-21  which the adoptee may register.>
   4-22        (c) <(e)>  Each administrator shall, not later than the 30th
   4-23  day after the date of receiving an inquiry from the administrator
   4-24  of the central registry, respond in writing to the inquiry that the
   4-25  registrant was not placed for adoption by an agency served by that
    5-1  registry or that the registrant was placed for adoption by an
    5-2  agency served by that registry.  If the registrant was placed for
    5-3  adoption by an agency served by the registry, the administrator
    5-4  shall file a report with the administrator of the central registry
    5-5  including:
    5-6              (1)  the name of the adopted child as shown in the
    5-7  final adoption decree;
    5-8              (2)  the birth date of the adopted child;
    5-9              (3)  the docket number of the adoption suit;
   5-10              (4)  the identity of the court that granted the
   5-11  adoption;
   5-12              (5)  the date of the final adoption decree;
   5-13              (6)  the identity of the agency, if any, through which
   5-14  the adopted child was placed; and
   5-15              (7)  the identity, address, and telephone number of the
   5-16  registry through which the adopted child may register as an adoptee
   5-17  <the information described by Subsections (c)(1)-(6)>.
   5-18        (d) <(f)>  After completing the investigation, the
   5-19  administrator of the central registry shall issue an official
   5-20  certificate stating:
   5-21              (1)  the identity of the registry through which the
   5-22  adoptee, birth parent, or biological sibling may apply for
   5-23  registration, if known; or
   5-24              (2)  if the administrator cannot make a conclusive
   5-25  determination, that the adoptee, birth parent, or biological
    6-1  sibling is entitled to apply for registration through the central
    6-2  registry <and is entitled to apply for registration through other
    6-3  registries created under this subchapter>.
    6-4        <(g)  On receiving an inquiry by a birth parent who has
    6-5  provided satisfactory proof of identity and age and paid all
    6-6  required inquiry fees, the administrator of the central registry
    6-7  shall review the information on file in the central index and
    6-8  consult with the administrators of other registries in the state in
    6-9  order to determine the identity of the appropriate registry or
   6-10  registries through which the birth parent may register.  Each
   6-11  administrator shall, not later than the 30th day after the date of
   6-12  receiving an inquiry from the administrator of the central
   6-13  registry, respond in writing to the inquiry.  After completing the
   6-14  investigation, the administrator of the central registry shall
   6-15  provide the birth parent with a written statement either
   6-16  identifying the name, address, and telephone number of each
   6-17  registry through which registration would be appropriate or stating
   6-18  that after diligent inquiry the administrator cannot determine the
   6-19  specific registry or registries through which registration would be
   6-20  appropriate.>
   6-21        SECTION 3.  Subsections (a), (b), (c), and (d), Section
   6-22  162.406, Family Code, as added by H.B. No. 655, Acts of the 74th
   6-23  Legislature, Regular Session, 1995, are amended to read as follows:
   6-24        (a)  An adoptee who is 18 years of age or older may apply to
   6-25  a registry for information about the adoptee's birth parents and
    7-1  biological siblings.
    7-2        (b)  A birth parent who is 18 <21> years of age or older may
    7-3  apply to a registry for information about an adoptee who is a child
    7-4  by birth of the birth parent.
    7-5        (c)  An alleged father who is 18 years of age or older and
    7-6  who acknowledges paternity but is not, at the time of application,
    7-7  a birth father may register as a birth father but may not otherwise
    7-8  be recognized as a birth father for the purposes of this subchapter
    7-9  unless:
   7-10              (1)  the adoptee's birth mother in her application
   7-11  identifies him as the adoptee's biological father; and
   7-12              (2)  additional information concerning the adoptee
   7-13  obtained from other sources is not inconsistent with his claim of
   7-14  paternity.
   7-15        (d)  A biological sibling who is 18 <21> years of age or
   7-16  older may apply to a <the central> registry for information about
   7-17  the person's adopted biological siblings.  <The application must be
   7-18  independent of any application submitted by a biological sibling as
   7-19  an adoptee for information about the person's birth parents.>
   7-20        SECTION 4.  Section 162.407, Family Code, as added by H.B.
   7-21  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   7-22  amended to read as follows:
   7-23        Sec. 162.407.  REGISTRATION <APPLICATIONS>.  (a)  The
   7-24  administrator shall require each registration applicant to sign a
   7-25  written<, verified> application.
    8-1        (b)  An adoptee adopted or placed through an authorized
    8-2  agency may <must> register through the registry maintained by that
    8-3  agency or the registry to which the agency has delegated registry
    8-4  services or<.  An adoptee adopted through an authorized agency may
    8-5  not register through any other registry unless the agency through
    8-6  which the adoptee was adopted or the successor of the agency does
    8-7  not maintain a registry, directly or by delegation to another
    8-8  agency, in which case the adoptee may register> through the central
    8-9  registry maintained by the department.
   8-10        (c)  Birth parents and biological siblings shall <may>
   8-11  register through the registry of the authorized agency through
   8-12  which the adoptee was adopted or placed.  If the proper registry is
   8-13  unknown or if the agency's registry refuses the application, the
   8-14  birth parent or biological sibling may register through the central
   8-15  registry <one or more registries>.
   8-16        (d)  The administrator may not accept an application for
   8-17  registration unless the applicant:
   8-18              (1)  provides proof of identity as provided by Section
   8-19  162.408;
   8-20              (2)  establishes the applicant's eligibility to
   8-21  register; and
   8-22              (3)  pays all required registration fees.
   8-23        (e)  A registration remains in effect until the 99th
   8-24  anniversary of the date the registration is accepted unless a
   8-25  shorter period is specified by the applicant or the registration is
    9-1  withdrawn before that time.
    9-2        (f)  A registrant may withdraw the registrant's registration
    9-3  in writing without charge at any time.
    9-4        (g)  After a registration is withdrawn or expires, the
    9-5  registrant shall be treated as if the person has not previously
    9-6  registered.
    9-7        (h)  A completed registry application must be accepted or
    9-8  rejected before the 46th day after the date the application is
    9-9  received.  If an application is rejected, the administrator shall
   9-10  provide the applicant with a written statement of the reason for
   9-11  the rejection. <Biological siblings registering as biological
   9-12  siblings may register through the central registry only.>
   9-13        <(e)  An application must contain:>
   9-14              <(1)  the name, address, and telephone number of the
   9-15  applicant;>
   9-16              <(2)  all other names and aliases by which the
   9-17  applicant has been known;>
   9-18              <(3)  the applicant's name, age, date of birth, and
   9-19  place of birth;>
   9-20              <(4)  the original name of the adoptee, if known;>
   9-21              <(5)  the adoptive name of the adoptee, if known;>
   9-22              <(6)  a statement that the applicant is willing to
   9-23  allow the applicant's identity to be disclosed to those registrants
   9-24  eligible to learn the applicant's identity;>
   9-25              <(7)  the name, address, and telephone number of the
   10-1  agency or other entity, organization, or person placing the adoptee
   10-2  for adoption, if known, or, if not known, a statement that the
   10-3  applicant does not know that information;>
   10-4              <(8)  an authorization to the administrator and the
   10-5  administrator's delegates to inspect all vital statistics records,
   10-6  court records, and agency records, including confidential records,
   10-7  relating to the birth, adoption, marriage, and divorce of the
   10-8  applicant or to the birth and death of any child or sibling by
   10-9  birth or adoption of the applicant;>
  10-10              <(9)  the specific address to which the applicant
  10-11  wishes notice of a successful match to be mailed;>
  10-12              <(10)  a statement that the applicant either does or
  10-13  does not consent to disclosure of identifying information about the
  10-14  applicant after the applicant's death;>
  10-15              <(11)  a statement that the registration is to be
  10-16  effective for 99 years or for a stated shorter period selected by
  10-17  the applicant; and>
  10-18              <(12)  a statement that the adoptee applicant either
  10-19  does or does not desire to be informed that registry records
  10-20  indicate that the applicant has a biological sibling who has
  10-21  registered under this subchapter.>
  10-22        <(f)  The application may contain the applicant's social
  10-23  security number if the applicant, after being advised of the right
  10-24  not to supply that number, voluntarily furnishes it.>
  10-25        <(g)  The application of an adoptee must include the names
   11-1  and birth dates of all children younger than 21 years of age in the
   11-2  applicant's adoptive family.>
   11-3        <(h)  The application of a birth mother must include the
   11-4  following information:>
   11-5              <(1)  the original name and date of birth or
   11-6  approximate date of birth of each adoptee with respect to whom she
   11-7  is registering;>
   11-8              <(2)  each name known or thought by the applicant to
   11-9  have been used by the adoptee's birth father;>
  11-10              <(3)  the last known address of the adoptee's birth
  11-11  father; and>
  11-12              <(4)  other available information through which the
  11-13  birth father may be identified.>
  11-14        <(i)  The application of the birth father must include the
  11-15  following information:>
  11-16              <(1)  the original name and date of birth or
  11-17  approximate date of birth of each adoptee with respect to whom he
  11-18  is registering;>
  11-19              <(2)  each name, including the maiden name, known or
  11-20  thought by the applicant to have been used by the adoptee's birth
  11-21  mother;>
  11-22              <(3)  the last known address of the adoptee's birth
  11-23  mother; and>
  11-24              <(4)  other available information through which the
  11-25  birth mother may be identified.>
   12-1        <(j)  The application of a biological sibling must include:>
   12-2              <(1)  a statement explaining the applicant's basis for
   12-3  believing that the applicant has one or more biological siblings;>
   12-4              <(2)  the names of all the applicant's siblings by
   12-5  birth and adoption and their dates and places of birth, if known;>
   12-6              <(3)  the names of the applicant's legal parents;>
   12-7              <(4)  the names of the applicant's birth parents, if
   12-8  known; and>
   12-9              <(5)  any other information known to the applicant
  12-10  through which the existence and identity of the applicant's
  12-11  biological siblings can be confirmed.>
  12-12        <(k)  An application may also contain additional information
  12-13  through which the applicant's identity and eligibility to register
  12-14  may be ascertained.>
  12-15        <(l)  The administrator shall assist the applicant in filling
  12-16  out the application if the applicant is unable to complete the
  12-17  application without assistance, but the administrator may not
  12-18  furnish the applicant with any substantive information necessary to
  12-19  complete the application.>
  12-20        SECTION 5.  Section 162.409, Family Code, as added by H.B.
  12-21  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-22  amended to read as follows:
  12-23        Sec. 162.409.  APPLICATION <REGISTRATION>.  (a)  An
  12-24  application must contain:
  12-25              (1)  the name, address, and telephone number of the
   13-1  applicant;
   13-2              (2)  any other name or alias by which the applicant has
   13-3  been known;
   13-4              (3)  the age, date of birth, and place of birth of the
   13-5  applicant;
   13-6              (4)  the original name of the adoptee, if known;
   13-7              (5)  the adoptive name of the adoptee, if known;
   13-8              (6)  a statement that the applicant is willing to allow
   13-9  the applicant's identity to be disclosed to a registrant who is
  13-10  eligible to learn the applicant's identity;
  13-11              (7)  the name, address, and telephone number of the
  13-12  agency or other entity, organization, or person placing the adoptee
  13-13  for adoption, if known, or, if not known, a statement that the
  13-14  applicant does not know that information;
  13-15              (8)  an authorization to the administrator and the
  13-16  administrator's designees to inspect all vital statistics records,
  13-17  court records, and agency records, including confidential records,
  13-18  relating to the birth, adoption, marriage, and divorce of the
  13-19  applicant or to the birth and death of any child or sibling by
  13-20  birth or adoption of the applicant;
  13-21              (9)  the specific address to which the applicant wishes
  13-22  notice of a successful match to be mailed;
  13-23              (10)  a statement that the applicant either does or
  13-24  does not consent to disclosure of identifying information about the
  13-25  applicant after the applicant's death;
   14-1              (11)  a statement that the registration is to be
   14-2  effective for 99 years or for a stated shorter period selected by
   14-3  the applicant; and
   14-4              (12)  a statement that the adoptee applicant either
   14-5  does or does not desire to be informed that registry records
   14-6  indicate that the applicant has a biological sibling who has
   14-7  registered under this subchapter  <The administrator may not accept
   14-8  an application for registration unless:>
   14-9              <(1)  the applicant provides proof of identity in
  14-10  accordance with Section 162.408;>
  14-11              <(2)  the applicant establishes the applicant's
  14-12  eligibility to register;>
  14-13              <(3)  the administrator has determined that the
  14-14  applicant is not required to register with another registry;>
  14-15              <(4)  the applicant pays all required registration
  14-16  fees; and>
  14-17              <(5)  the counseling required under Section 162.413 has
  14-18  been completed>.
  14-19        (b)  The application may contain the applicant's social
  14-20  security number if the applicant, after being advised of the right
  14-21  not to supply the number, voluntarily furnishes it. <Unless
  14-22  withdrawn earlier, a registration remains in effect from the date
  14-23  of acceptance for 99 years or for a shorter period specified by the
  14-24  registrant in the application.>
  14-25        (c)  The application of a birth parent must include:
   15-1              (1)  the original name and date of birth or approximate
   15-2  date of birth of each adoptee with respect to whom the parent is
   15-3  registering;
   15-4              (2)  the names of all other birth children, including
   15-5  maiden names, aliases, dates and places of birth, and names of the
   15-6  birth parents;
   15-7              (3)  each name known or thought by the applicant to
   15-8  have been used by the adoptee's other birth parent;
   15-9              (4)  the last known address of the adoptee's other
  15-10  birth parent; and
  15-11              (5)  other available information through which the
  15-12  other birth parent may be identified <A registrant may withdraw the
  15-13  registrant's registration without charge at any time>.
  15-14        (d)  The application of a biological sibling must include:
  15-15              (1)  a statement explaining the applicant's basis for
  15-16  believing that the applicant has one or more biological siblings;
  15-17              (2)  the names, including maiden and married names, and
  15-18  aliases of all the applicant's siblings by birth and adoption and
  15-19  their dates and places of birth, if known;
  15-20              (3)  the names of the applicant's legal parents;
  15-21              (4)  the names of the applicant's birth parents, if
  15-22  known; and
  15-23              (5)  any other information known to the applicant
  15-24  through which the existence and identity of the applicant's
  15-25  biological siblings can be confirmed  <After withdrawal or
   16-1  expiration of the registration, the registrant shall be treated as
   16-2  if the registrant had never registered>.
   16-3        (e)  An application may also contain additional information
   16-4  through which the applicant's identity and eligibility to register
   16-5  may be ascertained.
   16-6        (f)  The administrator shall assist the applicant in filling
   16-7  out the application if the applicant is unable to complete the
   16-8  application without assistance, but the administrator may not
   16-9  furnish the applicant with any substantive information necessary to
  16-10  complete the application.
  16-11        SECTION 6.  Subsections (b), (c), (d), (e), and (f), Section
  16-12  162.411,  Family Code, as added by H.B. No. 655, Acts of the 74th
  16-13  Legislature, Regular Session, 1995, are amended to read as follows:
  16-14        (b)  Each registry shall establish a schedule of fees for
  16-15  services provided by <to users of> the registry.  The fees shall be
  16-16  reasonably related to the direct and indirect costs of
  16-17  establishing, operating, and maintaining the registry.
  16-18        (c)  <The department shall collect from each registrant a
  16-19  registration fee of $15.>
  16-20        <(d)>  A fee may not be charged for withdrawing a
  16-21  registration.
  16-22        (d) <(e)>  The fees collected by the department shall be
  16-23  deposited in a special fund in the general revenue fund.  Funds in
  16-24  the special fund may be appropriated only for the administration of
  16-25  the central registry.  <Sections 403.094 and 403.095, Government
   17-1  Code, do not apply to the special fund for the administration of
   17-2  the central registry.>
   17-3        (e) <(f)>  The administrator may waive users' fees in whole
   17-4  or in part if the applicant provides satisfactory proof of
   17-5  financial inability to pay the fees.
   17-6        SECTION 7.  Section 162.413, Family Code, as added by H.B.
   17-7  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   17-8  amended to read as follows:
   17-9        Sec. 162.413.  COUNSELING.  <(a)>  The applicant must
  17-10  participate in counseling for not less than one hour with a social
  17-11  worker or mental health professional with expertise in postadoption
  17-12  counseling after <before> the administrator has accepted <may
  17-13  accept> the <applicant's> application for registration and before
  17-14  the release of confidential information.  <The social worker or
  17-15  mental health professional must be employed or designated by the
  17-16  department or the agency operating the registry.>
  17-17        <(b)  If the applicant is unwilling or unable to counsel with
  17-18  a social worker or mental health professional employed by the
  17-19  department or agency operating the registry, the applicant may
  17-20  arrange for counseling at the applicant's expense with any social
  17-21  worker or mental health professional mutually agreeable to the
  17-22  applicant and the registry administrator at a location reasonably
  17-23  accessible to the applicant.>
  17-24        <(c)  Counseling fees charged by the department or agency
  17-25  operating a registry shall be stated in the schedule of fees
   18-1  required under Section 162.411.>
   18-2        <(d)  The social worker or mental health professional with
   18-3  whom the applicant has counseled shall furnish the applicant and
   18-4  the administrator with a written certification that the required
   18-5  counseling has been completed.>
   18-6        SECTION 8.  Subsections (a), (b), (c), and (d), Section
   18-7  162.414, Family Code, as added by H.B. No. 655, Acts of the 74th
   18-8  Legislature, Regular Session, 1995, are amended to read as follows:
   18-9        (a)  The administrator shall process each registration in an
  18-10  attempt to match the adoptee and the adoptee's birth parents or the
  18-11  adoptee <a biological sibling> and the adoptee's <sibling's>
  18-12  biological siblings.
  18-13        (b)  The administrator shall determine that there is a match
  18-14  if the adult adoptee and<,> the birth mother or<, and> the birth
  18-15  father have <each> registered or if a <any two> biological sibling
  18-16  has <siblings have> registered.  <A match may not be made until the
  18-17  youngest living adoptive sibling of an adoptee who shares a common
  18-18  birth parent with the adoptee is 21 years of age or older.>
  18-19        (c)  To establish or corroborate a match, the administrator
  18-20  shall request confirmation of a possible match from the bureau of
  18-21  <each> vital statistics <bureau that has possession of the
  18-22  adoptee's or biological siblings' original birth records>.  If the
  18-23  department or agency operating the registry has in its own records
  18-24  sufficient information through which the match may be confirmed,
  18-25  the administrator may, but is not required to, request confirmation
   19-1  from the bureau of <a> vital statistics <bureau>.  The bureau of
   19-2  <A> vital statistics <bureau> may confirm or deny the match without
   19-3  breaching the duty of confidentiality to the adoptee, adoptive
   19-4  parents, birth parents, or biological siblings and without a court
   19-5  order.
   19-6        (d)  To establish <or corroborate> a match, the administrator
   19-7  may also request confirmation of a possible match from the agency,
   19-8  if any, that has possession of records concerning the adoption of
   19-9  an adoptee or from the court that granted the adoption, the
  19-10  hospital where the adoptee or any biological sibling was born, the
  19-11  physician who delivered the adoptee or biological sibling, or any
  19-12  other person who has knowledge of the relevant facts.  The agency,
  19-13  court, hospital, physician, or person with knowledge may confirm or
  19-14  deny the match without breaching any duty of confidentiality to the
  19-15  adoptee, adoptive parents, birth parents, or biological siblings.
  19-16        SECTION 9.  Section 162.416, Family Code, as added by H.B.
  19-17  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  19-18  amended to read as follows:
  19-19        Sec. 162.416.  DISCLOSURE OF IDENTIFYING INFORMATION
  19-20  <NOTIFICATION OF MATCH>.  (a)  When a match has been made and
  19-21  confirmed to the administrator's satisfaction, the administrator
  19-22  shall mail to each registrant, at the registrant's last known
  19-23  address, by fax or registered or certified mail, return receipt
  19-24  requested, delivery restricted to addressee only, a written notice:
  19-25              (1)  informing the registrant that a match has been
   20-1  made and confirmed;
   20-2              (2)  reminding the registrant that the registrant may
   20-3  withdraw the registration before disclosures are made, if desired<,
   20-4  and that identifying information about the registrant may be
   20-5  released after the 30th day after the date the notice was received
   20-6  in the event the registrant fails to withdraw the registration>;
   20-7  and
   20-8              (3)  notifying the registrant that before any
   20-9  identifying disclosures are made, the registrant must:
  20-10                    (A)  sign a written <postmatch> consent to
  20-11  disclosure that allows the disclosure of identifying information
  20-12  about the other registrants to the registrant and allows the
  20-13  disclosure of identifying information about the registrant to other
  20-14  registrants <acknowledging that the registrant desires that
  20-15  disclosures be made>;
  20-16                    (B)  participate in counseling for not less than
  20-17  one hour with a social worker or mental health professional who has
  20-18  expertise in postadoption counseling; and
  20-19                    (C)  provide the administrator with written
  20-20  certification that the counseling required under Subdivision (B)
  20-21  has been completed
  20-22              <(4)  advising the registrant that additional
  20-23  counseling services are available>.
  20-24        (b)  Identifying information about a registrant shall be
  20-25  released without the registrant's having consented after the match
   21-1  to disclosure if<:>
   21-2              <(1)  the registrant fails to withdraw the registrant's
   21-3  registration before the 30th day after the date the notification of
   21-4  a match was received;>
   21-5              <(2)  there is no proof that the notification of match
   21-6  was received by the registrant before the 45th day after the date
   21-7  the notification of match was mailed to the registrant and the
   21-8  administrator, after making an inquiry to the vital statistics
   21-9  bureau of this state and of the state of the registrant's last
  21-10  known address, has not before the 90th day after the date the
  21-11  notification of match was mailed obtained satisfactory proof of the
  21-12  registrant's death; or>
  21-13              <(3)>  the registrant is dead, the registrant's
  21-14  registration was valid at the time of death, and the registrant had
  21-15  in writing specifically authorized the postdeath disclosure in the
  21-16  registrant's application or in a supplemental statement filed with
  21-17  the administrator.
  21-18        (c)  Identifying information about a deceased birth parent
  21-19  may not be released until each surviving child of the deceased
  21-20  birth parent is an adult or until each <unless the> child's
  21-21  surviving parent, guardian, managing conservator, or legal
  21-22  custodian consents in writing to the disclosure.
  21-23        (d)  The administrator shall prepare and release written
  21-24  disclosure statements identifying information about each of the
  21-25  <to> registrants <about each other> if the registrants complied
   22-1  with Subsection (a) <this section> and, before the 60th day after
   22-2  the date notification of match was mailed, the <remaining>
   22-3  registrant or registrants have not withdrawn their registrations.
   22-4        (e)  If the administrator establishes that a match cannot be
   22-5  made because of the death of an adoptee, birth parent, or
   22-6  biological sibling, the administrator shall promptly notify the
   22-7  affected registrant.  The administrator shall disclose the reason
   22-8  why a match cannot be made and may disclose nonidentifying
   22-9  information concerning the circumstances of the person's death.
  22-10        SECTION 10.  Subsections (a) and (b), Section 162.421, Family
  22-11  Code, as added by H.B. No. 655, Acts of the 74th Legislature,
  22-12  Regular Session, 1995, are amended to read as follows:
  22-13        (a)  This subchapter <An administrator, employee, or agent of
  22-14  the department may not initiate contact with an adult adoptee,
  22-15  birth parent, or biological sibling, directly or indirectly, for
  22-16  the purpose of requesting or suggesting that the adoptee, birth
  22-17  parent, or biological sibling place the person's name in a
  22-18  registry.  This subsection> does not prevent the department from
  22-19  making known to the public, by appropriate means, the existence of
  22-20  voluntary adoption registries.
  22-21        (b)  Information received by or in connection with the
  22-22  operation of a registry may not be stored in a data bank used for
  22-23  any purpose other than operation of the registry <or be processed
  22-24  through data processing equipment accessible to any person not
  22-25  employed by the registry>.
   23-1        SECTION 11.  Sections 108.005, 162.402(14), 162.404, 162.410,
   23-2  162.415, 162.417, and 162.418, Family Code, as added by H.B. No.
   23-3  655, Acts of the 74th Legislature, Regular Session, 1995, are
   23-4  repealed.
   23-5        SECTION 12.  This Act takes effect September 1, 1995.
   23-6        SECTION 13.  The importance of this legislation and the
   23-7  crowded condition of the calendars in both houses create an
   23-8  emergency and an imperative public necessity that the
   23-9  constitutional rule requiring bills to be read on three several
  23-10  days in each house be suspended, and this rule is hereby suspended.