74R10334 JMM-D
By Moncrief S.B. No. 291
Substitute the following for S.B. No. 291:
By Naishtat C.S.S.B. No. 291
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to voluntary adoption registries.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 162.402(2), (3), (7), and (9), Family
1-5 Code, as added by House Bill 655, Acts of the 74th Legislature,
1-6 Regular Session, 1995, are amended to read as follows:
1-7 (2) "Adoptee" means a person 18 years of age or older
1-8 who has been legally adopted in this state <during the person's
1-9 minority> or <who was born in this state and legally adopted during
1-10 the person's minority under the laws of> another state or country.
1-11 (3) "Adoption" means the act of creating the legal
1-12 relationship of parent and child between a person and a child who
1-13 is not the biological child of that person. The term does not
1-14 include the act of establishing the legal relationship of parent
1-15 and child between a man and a child through proof of paternity or
1-16 voluntary legitimation proceedings <or the adoption of an adult>.
1-17 (7) "Authorized agency" means a public <social
1-18 service> agency authorized to care for or to place children for
1-19 adoption or a private entity approved for that purpose by the
1-20 department through a license, certification, or other means <any
1-21 other person approved for that purpose by the department>. The
1-22 term includes a licensed child-placing agency or a previously
1-23 licensed child-placing <unlicensed private adoption> agency that
1-24 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 House
2-9 Bill 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;>
2-26 <(4) the identity of the court granting the adoption;>
2-27 <(5) the date of the final adoption decree;>
3-1 <(6) the name and address of each parent, guardian,
3-2 managing conservator, or other person whose consent to adoption was
3-3 required or waived under Section 162.010 or whose parental rights
3-4 were terminated in the adoption suit;>
3-5 <(7) the identity of the authorized agency, if any,
3-6 through which the adopted child was placed for adoption; and>
3-7 <(8) the identity, address, and telephone number of
3-8 the registry through which the adopted child may register as an
3-9 adoptee.>
3-10 <(c) An authorized agency may file with the administrator of
3-11 the central registry a report of adoption with respect to any
3-12 person adopted during the person's minority before January 1, 1984.
3-13 The report may include:>
3-14 <(1) the name of the adopted child after adoption as
3-15 shown in the final adoption decree;>
3-16 <(2) the birth date of the adopted child;>
3-17 <(3) the docket number of the adoption suit;>
3-18 <(4) the identity of the court granting the adoption;>
3-19 <(5) the date of the final adoption decree;>
3-20 <(6) the identity of the agency, if any, through which
3-21 the adopted child was placed; and>
3-22 <(7) the identity, address, and telephone number of
3-23 the registry through which the adopted child may register as an
3-24 adoptee.>
3-25 <(d)> On receiving an inquiry by an adoptee, birth parent,
3-26 or sibling who has provided satisfactory proof of age and identity
3-27 and paid all required inquiry fees, the administrator of the
4-1 central registry shall review the information on file in the
4-2 central index and consult with the administrators of other
4-3 registries in the state to determine the identity of any
4-4 appropriate registry through which the adoptee, birth parent, or
4-5 sibling may register. <If the index reveals that the adoptee was
4-6 not placed for adoption through an authorized agency, the
4-7 administrator of the central registry shall issue the adoptee an
4-8 official certificate stating that the adoptee is entitled to apply
4-9 for registration through the central registry. If the index
4-10 identifies an authorized agency through which the adoptee was
4-11 placed for adoption, the administrator of the central registry
4-12 shall determine the identity of the registry through which the
4-13 adoptee may register. If the administrator of the central registry
4-14 cannot determine from the index whether the adoptee was placed for
4-15 adoption through an authorized agency, the administrator of the
4-16 central registry shall determine the identity of the registry with
4-17 which the adoptee may register.>
4-18 (c) <(e)> Each administrator shall, not later than the 30th
4-19 day after the date of receiving an inquiry from the administrator
4-20 of the central registry, respond in writing to the inquiry that the
4-21 registrant was not placed for adoption by an agency served by that
4-22 registry or that the registrant was placed for adoption by an
4-23 agency served by that registry. If the registrant was placed for
4-24 adoption by an agency served by the registry, the administrator
4-25 shall file a report with the administrator of the central registry
4-26 including:
4-27 (1) the name of the adopted child as shown in the
5-1 final adoption decree;
5-2 (2) the birth date of the adopted child;
5-3 (3) the docket number of the adoption suit;
5-4 (4) the identity of the court that granted the
5-5 adoption;
5-6 (5) the date of the final adoption decree;
5-7 (6) the identity of the agency, if any, through which
5-8 the adopted child was placed; and
5-9 (7) the identity, address, and telephone number of the
5-10 registry through which the adopted child may register as an adoptee
5-11 <the information described by Subsections (c)(1)-(6)>.
5-12 (d) <(f)> After completing the investigation, the
5-13 administrator of the central registry shall issue an official
5-14 certificate stating:
5-15 (1) the identity of the registry through which the
5-16 adoptee, birth parent, or biological sibling may apply for
5-17 registration, if known; or
5-18 (2) if the administrator cannot make a conclusive
5-19 determination, that the adoptee, birth parent, or biological
5-20 sibling is entitled to apply for registration through the central
5-21 registry <and is entitled to apply for registration through other
5-22 registries created under this subchapter>.
5-23 <(g) On receiving an inquiry by a birth parent who has
5-24 provided satisfactory proof of identity and age and paid all
5-25 required inquiry fees, the administrator of the central registry
5-26 shall review the information on file in the central index and
5-27 consult with the administrators of other registries in the state in
6-1 order to determine the identity of the appropriate registry or
6-2 registries through which the birth parent may register. Each
6-3 administrator shall, not later than the 30th day after the date of
6-4 receiving an inquiry from the administrator of the central
6-5 registry, respond in writing to the inquiry. After completing the
6-6 investigation, the administrator of the central registry shall
6-7 provide the birth parent with a written statement either
6-8 identifying the name, address, and telephone number of each
6-9 registry through which registration would be appropriate or stating
6-10 that after diligent inquiry the administrator cannot determine the
6-11 specific registry or registries through which registration would be
6-12 appropriate.>
6-13 SECTION 3. Sections 162.406(a)-(d), Family Code, as added by
6-14 House Bill 655, Acts of the 74th Legislature, Regular Session,
6-15 1995, are amended to read as follows:
6-16 (a) An adoptee who is 18 years of age or older may apply to
6-17 a registry for information about the adoptee's birth parents and
6-18 biological siblings.
6-19 (b) A birth parent who is 18 <21> years of age or older may
6-20 apply to a registry for information about an adoptee who is a child
6-21 by birth of the birth parent.
6-22 (c) An alleged father who is 18 years of age or older and
6-23 who acknowledges paternity but is not, at the time of application,
6-24 a birth father may register as a birth father but may not otherwise
6-25 be recognized as a birth father for the purposes of this subchapter
6-26 unless:
6-27 (1) the adoptee's birth mother in her application
7-1 identifies him as the adoptee's biological father; and
7-2 (2) additional information concerning the adoptee
7-3 obtained from other sources is not inconsistent with his claim of
7-4 paternity.
7-5 (d) A biological sibling who is 18 <21> years of age or
7-6 older may apply to a <the central> registry for information about
7-7 the person's adopted biological siblings. <The application must be
7-8 independent of any application submitted by a biological sibling as
7-9 an adoptee for information about the person's birth parents.>
7-10 SECTION 4. Section 162.407, Family Code, as added by House
7-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
7-12 amended to read as follows:
7-13 Sec. 162.407. REGISTRATION <APPLICATIONS>. (a) The
7-14 administrator shall require each registration applicant to sign a
7-15 written<, verified> application.
7-16 (b) An adoptee adopted or placed through an authorized
7-17 agency may <must> register through the registry maintained by that
7-18 agency or the registry to which the agency has delegated registry
7-19 services or<. An adoptee adopted through an authorized agency may
7-20 not register through any other registry unless the agency through
7-21 which the adoptee was adopted or the successor of the agency does
7-22 not maintain a registry, directly or by delegation to another
7-23 agency, in which case the adoptee may register> through the central
7-24 registry maintained by the department.
7-25 (c) Birth parents and biological siblings shall <may>
7-26 register through the registry of the authorized agency through
7-27 which the adoptee was adopted or placed. If the proper registry is
8-1 unknown or if the agency's registry refuses the application, the
8-2 birth parent or biological sibling may register through the central
8-3 registry <one or more registries>.
8-4 (d) The administrator may not accept an application for
8-5 registration unless the applicant:
8-6 (1) provides proof of identity as provided by Section
8-7 162.408;
8-8 (2) establishes the applicant's eligibility to
8-9 register; and
8-10 (3) pays all required registration fees.
8-11 (e) A registration remains in effect until the 99th
8-12 anniversary of the date the registration is accepted unless a
8-13 shorter period is specified by the applicant or the registration is
8-14 withdrawn before that time.
8-15 (f) A registrant may withdraw the registrant's registration
8-16 in writing without charge at any time.
8-17 (g) After a registration is withdrawn or expires, the
8-18 registrant shall be treated as if the person has not previously
8-19 registered.
8-20 (h) A completed registry application must be accepted or
8-21 rejected before the 46th day after the date the application is
8-22 received. If an application is rejected, the administrator shall
8-23 provide the applicant with a written statement of the reason for
8-24 the rejection. <Biological siblings registering as biological
8-25 siblings may register through the central registry only.>
8-26 <(e) An application must contain:>
8-27 <(1) the name, address, and telephone number of the
9-1 applicant;>
9-2 <(2) all other names and aliases by which the
9-3 applicant has been known;>
9-4 <(3) the applicant's name, age, date of birth, and
9-5 place of birth;>
9-6 <(4) the original name of the adoptee, if known;>
9-7 <(5) the adoptive name of the adoptee, if known;>
9-8 <(6) a statement that the applicant is willing to
9-9 allow the applicant's identity to be disclosed to those registrants
9-10 eligible to learn the applicant's identity;>
9-11 <(7) the name, address, and telephone number of the
9-12 agency or other entity, organization, or person placing the adoptee
9-13 for adoption, if known, or, if not known, a statement that the
9-14 applicant does not know that information;>
9-15 <(8) an authorization to the administrator and the
9-16 administrator's delegates to inspect all vital statistics records,
9-17 court records, and agency records, including confidential records,
9-18 relating to the birth, adoption, marriage, and divorce of the
9-19 applicant or to the birth and death of any child or sibling by
9-20 birth or adoption of the applicant;>
9-21 <(9) the specific address to which the applicant
9-22 wishes notice of a successful match to be mailed;>
9-23 <(10) a statement that the applicant either does or
9-24 does not consent to disclosure of identifying information about the
9-25 applicant after the applicant's death;>
9-26 <(11) a statement that the registration is to be
9-27 effective for 99 years or for a stated shorter period selected by
10-1 the applicant; and>
10-2 <(12) a statement that the adoptee applicant either
10-3 does or does not desire to be informed that registry records
10-4 indicate that the applicant has a biological sibling who has
10-5 registered under this subchapter.>
10-6 <(f) The application may contain the applicant's social
10-7 security number if the applicant, after being advised of the right
10-8 not to supply that number, voluntarily furnishes it.>
10-9 <(g) The application of an adoptee must include the names
10-10 and birth dates of all children younger than 21 years of age in the
10-11 applicant's adoptive family.>
10-12 <(h) The application of a birth mother must include the
10-13 following information:>
10-14 <(1) the original name and date of birth or
10-15 approximate date of birth of each adoptee with respect to whom she
10-16 is registering;>
10-17 <(2) each name known or thought by the applicant to
10-18 have been used by the adoptee's birth father;>
10-19 <(3) the last known address of the adoptee's birth
10-20 father; and>
10-21 <(4) other available information through which the
10-22 birth father may be identified.>
10-23 <(i) The application of the birth father must include the
10-24 following information:>
10-25 <(1) the original name and date of birth or
10-26 approximate date of birth of each adoptee with respect to whom he
10-27 is registering;>
11-1 <(2) each name, including the maiden name, known or
11-2 thought by the applicant to have been used by the adoptee's birth
11-3 mother;>
11-4 <(3) the last known address of the adoptee's birth
11-5 mother; and>
11-6 <(4) other available information through which the
11-7 birth mother may be identified.>
11-8 <(j) The application of a biological sibling must include:>
11-9 <(1) a statement explaining the applicant's basis for
11-10 believing that the applicant has one or more biological siblings;>
11-11 <(2) the names of all the applicant's siblings by
11-12 birth and adoption and their dates and places of birth, if known;>
11-13 <(3) the names of the applicant's legal parents;>
11-14 <(4) the names of the applicant's birth parents, if
11-15 known; and>
11-16 <(5) any other information known to the applicant
11-17 through which the existence and identity of the applicant's
11-18 biological siblings can be confirmed.>
11-19 <(k) An application may also contain additional information
11-20 through which the applicant's identity and eligibility to register
11-21 may be ascertained.>
11-22 <(l) The administrator shall assist the applicant in filling
11-23 out the application if the applicant is unable to complete the
11-24 application without assistance, but the administrator may not
11-25 furnish the applicant with any substantive information necessary to
11-26 complete the application.>
11-27 SECTION 5. Section 162.409, Family Code, as added by House
12-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-2 amended to read as follows:
12-3 Sec. 162.409. APPLICATION <REGISTRATION>. (a) An
12-4 application must contain:
12-5 (1) the name, address, and telephone number of the
12-6 applicant;
12-7 (2) any other name or alias by which the applicant has
12-8 been known;
12-9 (3) the age, date of birth, and place of birth of the
12-10 applicant;
12-11 (4) the original name of the adoptee, if known;
12-12 (5) the adoptive name of the adoptee, if known;
12-13 (6) a statement that the applicant is willing to allow
12-14 the applicant's identity to be disclosed to a registrant who is
12-15 eligible to learn the applicant's identity;
12-16 (7) the name, address, and telephone number of the
12-17 agency or other entity, organization, or person placing the adoptee
12-18 for adoption, if known, or, if not known, a statement that the
12-19 applicant does not know that information;
12-20 (8) an authorization to the administrator and the
12-21 administrator's designees to inspect all vital statistics records,
12-22 court records, and agency records, including confidential records,
12-23 relating to the birth, adoption, marriage, and divorce of the
12-24 applicant or to the birth and death of any child or sibling by
12-25 birth or adoption of the applicant;
12-26 (9) the specific address to which the applicant wishes
12-27 notice of a successful match to be mailed;
13-1 (10) a statement that the applicant either does or
13-2 does not consent to disclosure of identifying information about the
13-3 applicant after the applicant's death;
13-4 (11) a statement that the registration is to be
13-5 effective for 99 years or for a stated shorter period selected by
13-6 the applicant; and
13-7 (12) a statement that the adoptee applicant either
13-8 does or does not desire to be informed that registry records
13-9 indicate that the applicant has a biological sibling who has
13-10 registered under this subchapter <The administrator may not accept
13-11 an application for registration unless:>
13-12 <(1) the applicant provides proof of identity in
13-13 accordance with Section 162.408;>
13-14 <(2) the applicant establishes the applicant's
13-15 eligibility to register;>
13-16 <(3) the administrator has determined that the
13-17 applicant is not required to register with another registry;>
13-18 <(4) the applicant pays all required registration
13-19 fees; and>
13-20 <(5) the counseling required under Section 162.413 has
13-21 been completed>.
13-22 (b) The application may contain the applicant's social
13-23 security number if the applicant, after being advised of the right
13-24 not to supply the number, voluntarily furnishes it. <Unless
13-25 withdrawn earlier, a registration remains in effect from the date
13-26 of acceptance for 99 years or for a shorter period specified by the
13-27 registrant in the application.>
14-1 (c) The application of a birth parent must include:
14-2 (1) the original name and date of birth or approximate
14-3 date of birth of each adoptee with respect to whom the parent is
14-4 registering;
14-5 (2) the names of all other birth children, including
14-6 maiden names, aliases, dates and places of birth, and names of the
14-7 birth parents;
14-8 (3) each name known or thought by the applicant to
14-9 have been used by the adoptee's other birth parent;
14-10 (4) the last known address of the adoptee's other
14-11 birth parent; and
14-12 (5) other available information through which the
14-13 other birth parent may be identified <A registrant may withdraw the
14-14 registrant's registration without charge at any time>.
14-15 (d) The application of a biological sibling must include:
14-16 (1) a statement explaining the applicant's basis for
14-17 believing that the applicant has one or more biological siblings;
14-18 (2) the names, including maiden and married names, and
14-19 aliases of all the applicant's siblings by birth and adoption and
14-20 their dates and places of birth, if known;
14-21 (3) the names of the applicant's legal parents;
14-22 (4) the names of the applicant's birth parents, if
14-23 known; and
14-24 (5) any other information known to the applicant
14-25 through which the existence and identity of the applicant's
14-26 biological siblings can be confirmed <After withdrawal or
14-27 expiration of the registration, the registrant shall be treated as
15-1 if the registrant had never registered>.
15-2 (e) An application may also contain additional information
15-3 through which the applicant's identity and eligibility to register
15-4 may be ascertained.
15-5 (f) The administrator shall assist the applicant in filling
15-6 out the application if the applicant is unable to complete the
15-7 application without assistance, but the administrator may not
15-8 furnish the applicant with any substantive information necessary to
15-9 complete the application.
15-10 SECTION 6. Sections 162.411(b)-(f), Family Code, as added by
15-11 House Bill 655, Acts of the 74th Legislature, Regular Session,
15-12 1995, are amended to read as follows:
15-13 (b) Each registry shall establish a schedule of fees for
15-14 services provided by <to users of> the registry. The fees shall be
15-15 reasonably related to the direct and indirect costs of
15-16 establishing, operating, and maintaining the registry.
15-17 (c) <The department shall collect from each registrant a
15-18 registration fee of $15.>
15-19 <(d)> A fee may not be charged for withdrawing a
15-20 registration.
15-21 (d) <(e)> The fees collected by the department shall be
15-22 deposited in a special fund in the general revenue fund. Funds in
15-23 the special fund may be appropriated only for the administration of
15-24 the central registry. <Sections 403.094 and 403.095, Government
15-25 Code, do not apply to the special fund for the administration of
15-26 the central registry.>
15-27 (e) <(f)> The administrator may waive users' fees in whole
16-1 or in part if the applicant provides satisfactory proof of
16-2 financial inability to pay the fees.
16-3 SECTION 7. Section 162.413, Family Code, as added by House
16-4 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
16-5 amended to read as follows:
16-6 Sec. 162.413. COUNSELING. <(a)> The applicant must
16-7 participate in counseling for not less than one hour with a social
16-8 worker or mental health professional with expertise in postadoption
16-9 counseling after <before> the administrator has accepted <may
16-10 accept> the <applicant's> application for registration and before
16-11 the release of confidential information. <The social worker or
16-12 mental health professional must be employed or designated by the
16-13 department or the agency operating the registry.>
16-14 <(b) If the applicant is unwilling or unable to counsel with
16-15 a social worker or mental health professional employed by the
16-16 department or agency operating the registry, the applicant may
16-17 arrange for counseling at the applicant's expense with any social
16-18 worker or mental health professional mutually agreeable to the
16-19 applicant and the registry administrator at a location reasonably
16-20 accessible to the applicant.>
16-21 <(c) Counseling fees charged by the department or agency
16-22 operating a registry shall be stated in the schedule of fees
16-23 required under Section 162.411.>
16-24 <(d) The social worker or mental health professional with
16-25 whom the applicant has counseled shall furnish the applicant and
16-26 the administrator with a written certification that the required
16-27 counseling has been completed.>
17-1 SECTION 8. Sections 162.414(a)-(d), Family Code, as added by
17-2 House Bill 655, Acts of the 74th Legislature, Regular Session,
17-3 1995, are amended to read as follows:
17-4 (a) The administrator shall process each registration in an
17-5 attempt to match the adoptee and the adoptee's birth parents or the
17-6 adoptee <a biological sibling> and the adoptee's <sibling's>
17-7 biological siblings.
17-8 (b) The administrator shall determine that there is a match
17-9 if the adult adoptee and <,> the birth mother or <, and> the birth
17-10 father have <each> registered or if a <any two> biological sibling
17-11 has <siblings have> registered. <A match may not be made until the
17-12 youngest living adoptive sibling of an adoptee who shares a common
17-13 birth parent with the adoptee is 21 years of age or older.>
17-14 (c) To establish or corroborate a match, the administrator
17-15 shall request confirmation of a possible match from the bureau of
17-16 <each> vital statistics <bureau that has possession of the
17-17 adoptee's or biological siblings' original birth records>. If the
17-18 department or agency operating the registry has in its own records
17-19 sufficient information through which the match may be confirmed,
17-20 the administrator may, but is not required to, request confirmation
17-21 from the bureau of <a> vital statistics <bureau>. The bureau of
17-22 <A> vital statistics <bureau> may confirm or deny the match without
17-23 breaching the duty of confidentiality to the adoptee, adoptive
17-24 parents, birth parents, or biological siblings and without a court
17-25 order.
17-26 (d) To establish <or corroborate> a match, the administrator
17-27 may also request confirmation of a possible match from the agency,
18-1 if any, that has possession of records concerning the adoption of
18-2 an adoptee or from the court that granted the adoption, the
18-3 hospital where the adoptee or any biological sibling was born, the
18-4 physician who delivered the adoptee or biological sibling, or any
18-5 other person who has knowledge of the relevant facts. The agency,
18-6 court, hospital, physician, or person with knowledge may confirm or
18-7 deny the match without breaching any duty of confidentiality to the
18-8 adoptee, adoptive parents, birth parents, or biological siblings.
18-9 SECTION 9. Section 162.416, Family Code, as added by House
18-10 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
18-11 amended to read as follows:
18-12 Sec. 162.416. DISCLOSURE OF IDENTIFYING INFORMATION
18-13 <NOTIFICATION OF MATCH>. (a) When a match has been made and
18-14 confirmed to the administrator's satisfaction, the administrator
18-15 shall mail to each registrant, at the registrant's last known
18-16 address, by fax or registered or certified mail, return receipt
18-17 requested, delivery restricted to addressee only, a written notice:
18-18 (1) informing the registrant that a match has been
18-19 made and confirmed;
18-20 (2) reminding the registrant that the registrant may
18-21 withdraw the registration before disclosures are made, if desired<,
18-22 and that identifying information about the registrant may be
18-23 released after the 30th day after the date the notice was received
18-24 in the event the registrant fails to withdraw the registration>;
18-25 and
18-26 (3) notifying the registrant that before any
18-27 identifying disclosures are made, the registrant must:
19-1 (A) sign a written <postmatch> consent to
19-2 disclosure that allows the disclosure of identifying information
19-3 about the other registrants to the registrant and allows the
19-4 disclosure of identifying information about the registrant to other
19-5 registrants <acknowledging that the registrant desires that
19-6 disclosures be made>;
19-7 (B) participate in counseling for not less than
19-8 one hour with a social worker or mental health professional who has
19-9 expertise in postadoption counseling; and
19-10 (C) provide the administrator with written
19-11 certification that the counseling required under Subdivision (B)
19-12 has been completed
19-13 <(4) advising the registrant that additional
19-14 counseling services are available>.
19-15 (b) Identifying information about a registrant shall be
19-16 released without the registrant's having consented after the match
19-17 to disclosure if<:>
19-18 <(1) the registrant fails to withdraw the registrant's
19-19 registration before the 30th day after the date the notification of
19-20 a match was received;>
19-21 <(2) there is no proof that the notification of match
19-22 was received by the registrant before the 45th day after the date
19-23 the notification of match was mailed to the registrant and the
19-24 administrator, after making an inquiry to the vital statistics
19-25 bureau of this state and of the state of the registrant's last
19-26 known address, has not before the 90th day after the date the
19-27 notification of match was mailed obtained satisfactory proof of the
20-1 registrant's death; or>
20-2 <(3)> the registrant is dead, the registrant's
20-3 registration was valid at the time of death, and the registrant had
20-4 in writing specifically authorized the postdeath disclosure in the
20-5 registrant's application or in a supplemental statement filed with
20-6 the administrator.
20-7 (c) Identifying information about a deceased birth parent
20-8 may not be released until each surviving child of the deceased
20-9 birth parent is an adult or until each <unless the> child's
20-10 surviving parent, guardian, managing conservator, or legal
20-11 custodian consents in writing to the disclosure.
20-12 (d) The administrator shall prepare and release written
20-13 disclosure statements identifying information about each of the
20-14 <to> registrants <about each other> if the registrants complied
20-15 with Subsection (a) <this section> and, before the 60th day after
20-16 the date notification of match was mailed, the <remaining>
20-17 registrant or registrants have not withdrawn their registrations.
20-18 (e) If the administrator establishes that a match cannot be
20-19 made because of the death of an adoptee, birth parent, or
20-20 biological sibling, the administrator shall promptly notify the
20-21 affected registrant. The administrator shall disclose the reason
20-22 why a match cannot be made and may disclose nonidentifying
20-23 information concerning the circumstances of the person's death.
20-24 SECTION 10. Sections 162.421(a) and (b), Family Code, as
20-25 added by House Bill 655, Acts of the 74th Legislature, Regular
20-26 Session, 1995, are amended to read as follows:
20-27 (a) This subchapter <An administrator, employee, or agent of
21-1 the department may not initiate contact with an adult adoptee,
21-2 birth parent, or biological sibling, directly or indirectly, for
21-3 the purpose of requesting or suggesting that the adoptee, birth
21-4 parent, or biological sibling place the person's name in a
21-5 registry. This subsection> does not prevent the department from
21-6 making known to the public, by appropriate means, the existence of
21-7 voluntary adoption registries.
21-8 (b) Information received by or in connection with the
21-9 operation of a registry may not be stored in a data bank used for
21-10 any purpose other than operation of the registry <or be processed
21-11 through data processing equipment accessible to any person not
21-12 employed by the registry>.
21-13 SECTION 11. Sections 108.005, 162.402(14), 162.404, 162.410,
21-14 162.415, 162.417, and 162.418, Family Code, as added by House Bill
21-15 655, Acts of the 74th Legislature, Regular Session, 1995, are
21-16 repealed.
21-17 SECTION 12. This Act takes effect September 1, 1995.
21-18 SECTION 13. The importance of this legislation and the
21-19 crowded condition of the calendars in both houses create an
21-20 emergency and an imperative public necessity that the
21-21 constitutional rule requiring bills to be read on three several
21-22 days in each house be suspended, and this rule is hereby suspended.