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.