1-1        By:  Moncrief                                    S.B. No. 291
    1-2        (In the Senate - Filed January 23, 1995; January 24, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  March 7, 1995, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 0; March 7, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to voluntary adoption registries.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Chapter 49, Human Resources Code, is amended to
   1-11  read as follows:
   1-12              CHAPTER 49.  VOLUNTARY ADOPTION REGISTRIES
   1-13  Sec. 49.001.  PURPOSE
   1-14  Sec. 49.002.  DEFINITIONS
   1-15  Sec. 49.003.  ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES
   1-16  Sec. 49.004.  DETERMINATION OF APPROPRIATE REGISTRY <ADMINISTRATION>
   1-17  <Sec. 49.005.  CENTRAL INDEX>
   1-18  Sec. 49.005 <49.006>.  REGISTRATION ELIGIBILITY
   1-19  Sec. 49.006 <49.007>.  REGISTRATION <APPLICATIONS>
   1-20  Sec. 49.007 <49.008>.  PROOF OF IDENTITY
   1-21  Sec. 49.008 <49.009>.  APPLICATION <REGISTRATION>
   1-22  <Sec. 49.010.  REJECTED APPLICATIONS>
   1-23  Sec. 49.009 <49.011>.  FEES
   1-24  Sec. 49.010 <49.012>.  SUPPLEMENTAL INFORMATION
   1-25  Sec. 49.011 <49.013>.  COUNSELING
   1-26  Sec. 49.012 <49.014>.  MATCHING PROCEDURES
   1-27  <Sec. 49.015.  PARTIAL MATCH>
   1-28  Sec. 49.013 <49.016>.  DISCLOSURE OF IDENTIFYING INFORMATION
   1-29  <NOTIFICATION OF MATCH>
   1-30  <Sec. 49.017.  DISCLOSURE:  ADOPTEE AND BIRTH PARENTS>
   1-31  <Sec. 49.018.  DISCLOSURE:  BIOLOGICAL SIBLINGS>
   1-32  <Sec. 49.019.  IMPOSSIBILITY OF DISCLOSURE>
   1-33  Sec. 49.014 <49.020>.  REGISTRY RECORDS CONFIDENTIAL
   1-34  Sec. 49.015 <49.021>.  RULEMAKING
   1-35  Sec. 49.016 <49.022>.  PROHIBITED ACTS; CRIMINAL PENALTIES
   1-36  Sec. 49.017 <49.023>.  IMMUNITY FROM LIABILITY
   1-37        Sec. 49.001.  PURPOSE.  The purpose of this chapter is to
   1-38  provide for the establishment of mutual consent voluntary adoption
   1-39  registries through which adoptees, birth parents, and biological
   1-40  siblings may voluntarily locate each other.  It is not the purpose
   1-41  of this chapter to inhibit or prohibit persons from locating each
   1-42  other through other legal means, nor to inhibit or affect in any
   1-43  way the provision of postadoptive services and education, by
   1-44  adoption agencies or others, which go further than the procedures
   1-45  set out for registries established pursuant to this chapter.
   1-46        Sec. 49.002.  DEFINITIONS.  In this chapter:
   1-47              (1)  "Administrator" means the administrator of a
   1-48  mutual consent voluntary adoption registry established under this
   1-49  chapter.
   1-50              (2)  "Adoptee" means a person 18 <21> years old or
   1-51  older who has been legally adopted in this state <during his
   1-52  minority> or <who was born in this state and legally adopted during
   1-53  his minority under the laws of> another state or nation.
   1-54              (3)  "Adoption" means the act of creating the legal
   1-55  relationship of parent and child between a person and a child who
   1-56  is not the biological child of that person.  "Adoption" does not
   1-57  include the act of establishing the legal relationship of parent
   1-58  and child between a man and a child through proof of paternity or
   1-59  voluntary legitimation proceedings <or the adoption of an adult>.
   1-60              (4)  "Adoption agency" means a person, other than a
   1-61  natural parent or guardian of a child, who plans for the placement
   1-62  of or places a child in the home of a prospective adoptive parent.
   1-63              (5)  "Adoptive parent" means an adult who is a parent
   1-64  of an adoptee through a legal process of adoption.
   1-65              (6)  "Authorized agency" means a public <social
   1-66  service> agency authorized to care for children or to place
   1-67  children for adoption or a private association, corporation, or
   1-68  person approved for that purpose by the Department of Protective
    2-1  and Regulatory Services through a license, certification, or other
    2-2  means <other person approved for that purpose by the department>.
    2-3  "Authorized agency" includes a licensed child-placing agency or a
    2-4  previously licensed child-placing <or unlicensed private adoption>
    2-5  agency that has ceased operations <as an adoption agency> and has
    2-6  transferred its adoption records to the department or an agency
    2-7  authorized by the department to place children for adoption and a
    2-8  licensed child-placing <or unlicensed adoption> agency that has
    2-9  been acquired by, merged with, or otherwise succeeded by an agency
   2-10  authorized by the department to place children for adoption.
   2-11              (7)  "Biological parent" means the man or woman who is
   2-12  in fact the father or mother of genetic origin of a child.
   2-13              (8)  "Biological siblings" means persons <siblings> who
   2-14  share a common birth parent.
   2-15              (9)  "Birth parent" means the biological mother of an
   2-16  adoptee; the man deemed by law or adjudicated to be the biological
   2-17  father of an adoptee, a presumed <an adoptee's putative> father
   2-18  whose name appears on the adoptee's original birth certificate as
   2-19  the <adoptee's> father, and an alleged biological <a putative>
   2-20  father who has signed a consent to adoption, affidavit of
   2-21  relinquishment, affidavit of waiver of interest in child, or other
   2-22  written instrument releasing the adoptee for adoption, unless the
   2-23  consent, affidavit, or other instrument includes a sworn refusal to
   2-24  admit or a denial of paternity.  "Birth parent" includes a birth
   2-25  mother and birth father but does not include a person adjudicated
   2-26  by a court of competent jurisdiction not to be the biological
   2-27  parent of an adoptee.
   2-28              (10)  "Central registry" means the mutual consent
   2-29  voluntary adoption registry established and maintained by the
   2-30  Department of Protective and Regulatory Services <department> under
   2-31  this chapter.
   2-32              (11)  <"Putative father" means a man who is not deemed
   2-33  by law or adjudicated to be the biological father of an adoptee and
   2-34  who claims or is alleged to be the adoptee's biological father.>
   2-35              <(12)>  "Registry" means a mutual consent voluntary
   2-36  adoption registry established under this chapter.
   2-37              <(13)  "Siblings" means two or more persons who share a
   2-38  common birth or adoptive parent.>
   2-39        Sec. 49.003.  ESTABLISHMENT OF VOLUNTARY ADOPTION REGISTRIES.
   2-40  (a)  The Department of Protective and Regulatory Services
   2-41  <department> shall establish and maintain a mutual consent
   2-42  voluntary adoption registry.
   2-43        (b)  Except as provided by Subsection (c) of this section, an
   2-44  agency authorized by the department to place children for adoption
   2-45  and an association comprised exclusively of those agencies may
   2-46  establish a mutual consent voluntary adoption registry.  An agency
   2-47  may contract with any other agency authorized by the department to
   2-48  place children for adoption or with an association comprised
   2-49  exclusively of those agencies to perform registry services on its
   2-50  behalf.
   2-51        (c)  An authorized agency that does not directly or by
   2-52  contract provide registry services as required by this chapter on
   2-53  January 1, 1984, may not provide its own registry service.  The
   2-54  department shall operate through the central registry those
   2-55  services for agencies not permitted to provide a registry under
   2-56  this section.  An authorized agency that does not provide registry
   2-57  services shall file a report with the department on all adoptions
   2-58  of minors placed by the agency before January 1, 1984.
   2-59        (d)  The report required by Subsection (c) of this section
   2-60  shall <must> include:
   2-61              (1)  the name of the adopted child as shown in the
   2-62  final adoption decree;
   2-63              (2)  the birth date of the adopted child;
   2-64              (3)  the docket number of the adoption suit;
   2-65              (4)  the identity of the court granting the adoption;
   2-66              (5)  the date of the final adoption decree;
   2-67              (6)  the name and last known address of each adoptive
   2-68  and biological parent, guardian, managing conservator, or other
   2-69  person whose consent to adoption was required <or waived under
   2-70  Section 16.05, Family Code,> or whose parental rights were
    3-1  terminated in the adoption suit or in any suit affecting the
    3-2  parent-child relationship; and
    3-3              (7)  the identity of the agency through which the
    3-4  adopted child was placed.
    3-5        <Sec. 49.004.  ADMINISTRATION.  (a)  Each registry shall be
    3-6  directed by a registry administrator.  The administrator of a
    3-7  registry established by an authorized agency may be a person other
    3-8  than the administrator of that agency.>
    3-9        <(b)  The administrator may delegate to deputy administrators
   3-10  and staff the duties established by this chapter.>
   3-11        Sec. 49.004 <49.005>.  DETERMINATION OF APPROPRIATE REGISTRY
   3-12  <CENTRAL INDEX>.  (a)  The administrator of the central registry
   3-13  shall determine <compile a central index through which adoptees and
   3-14  birth parents may identify> the appropriate registry to <through>
   3-15  which the applicant is entitled to apply <to register>.
   3-16        (b)  <The clerk of the court in which an adoption is granted
   3-17  shall, on or before the 10th day of the first month after the month
   3-18  in which the adoption is granted, transmit to the administrator of
   3-19  the central registry a report of adoption with respect to each
   3-20  adoption granted on or after January 1, 1984.  The report must
   3-21  include the following information:>
   3-22              <(1)  the name of the adopted child after adoption as
   3-23  shown in the final adoption decree;>
   3-24              <(2)  the birth date of the adopted child;>
   3-25              <(3)  the docket number of the adoption suit;>
   3-26              <(4)  the identity of the court granting the adoption;>
   3-27              <(5)  the date of the final adoption decree;>
   3-28              <(6)  the name and address of each parent, guardian,
   3-29  managing conservator, or other person whose consent to adoption was
   3-30  required or waived under Section 16.05, Family Code, or whose
   3-31  parental rights were terminated in the adoption suit;>
   3-32              <(7)  the identity of the authorized agency, if any,
   3-33  through which the adopted child was placed for adoption; and>
   3-34              <(8)  the identity, address, and telephone number of
   3-35  the registry through which the adopted child may register as an
   3-36  adoptee.>
   3-37        <(c)  An authorized agency not required by Section 49.003(c)
   3-38  of this code to file a report may file with the administrator of
   3-39  the central registry a report of adoption with respect to any
   3-40  person adopted during minority before January 1, 1984.  The report
   3-41  may include:>
   3-42              <(1)  the name of the adopted child as shown in the
   3-43  final adoption decree;>
   3-44              <(2)  the birth date of the adopted child;>
   3-45              <(3)  the docket number of the adoption suit;>
   3-46              <(4)  the identity of the court granting the adoption;>
   3-47              <(5)  the date of the final adoption decree;>
   3-48              <(6)  the identity of the agency, if any, through which
   3-49  the adopted child was placed;>
   3-50              <(7)  the identity, address, and telephone number of
   3-51  the registry through which the adopted child may register as an
   3-52  adoptee.>
   3-53        <(d)>  Upon inquiry by an adoptee, birth parent, or sibling
   3-54  who has provided satisfactory proof of age and identity and paid
   3-55  all required inquiry fees, the administrator of the central
   3-56  registry shall review the information on file in the central index
   3-57  and consult with the administrators of other registries in the
   3-58  state in order to determine the identity of the appropriate
   3-59  registry or registries through which the adoptee, birth parent, or
   3-60  sibling may register. <If the index reveals that the adoptee was
   3-61  not placed for adoption through an authorized agency, the
   3-62  administrator of the central registry shall issue the adoptee an
   3-63  official certificate stating that the adoptee is entitled to apply
   3-64  for registration through the central registry.  If the index
   3-65  identifies an authorized agency through which the adoptee was
   3-66  placed for adoption, the administrator of the central registry
   3-67  shall determine the identity of the registry through which the
   3-68  adoptee may register.  If the administrator of the central registry
   3-69  cannot determine from the index whether or not the adoptee was
   3-70  placed for adoption through an authorized agency, the administrator
    4-1  of the central registry shall determine the identity of the
    4-2  registry with which the adoptee may register.>  Each administrator
    4-3  shall, within 30 days after receiving an inquiry from the
    4-4  administrator of the central registry, respond in writing to the
    4-5  inquiry that the registrant was not placed for adoption by any
    4-6  agency served by that registry or that the registrant was placed
    4-7  for adoption by an agency served by that registry.  If the
    4-8  registrant was placed for adoption by an agency served by the
    4-9  registry, the administrator shall file a report with the
   4-10  administrator of the central registry <including the information
   4-11  described by Subdivisions (1) through (6) of Subsection (c) of this
   4-12  section>.  The report shall include:
   4-13              (1)  the name of the adopted child as shown in the
   4-14  final adoption decree;
   4-15              (2)  the birth date of the adopted child;
   4-16              (3)  the docket number of the adoption suit;
   4-17              (4)  the identity of the court granting the adoption;
   4-18              (5)  the date of the final adoption decree;
   4-19              (6)  the identity of the agency, if any, through which
   4-20  the adopted child was placed; and
   4-21              (7)  the identity, address, and telephone number of the
   4-22  registry through which the adopted child may register as an
   4-23  adoptee.
   4-24        (c)  After completing his investigation, the administrator of
   4-25  the central registry shall issue an official certificate stating:
   4-26              (1)  the identity of the registry through which the
   4-27  adoptee, birth parent, or biological sibling may apply for
   4-28  registration, if known; or
   4-29              (2)  if the administrator cannot make a conclusive
   4-30  determination, that the adoptee, birth parent, or biological
   4-31  sibling is entitled to apply for registration through the central
   4-32  registry <and is entitled to apply for registration through other
   4-33  registries created under this chapter>.
   4-34        <(e)  Upon inquiry by a birth parent who has provided
   4-35  satisfactory proof of identity and age, and paid all required
   4-36  inquiry fees, the administrator of the central registry shall
   4-37  review the information on file in the central index and consult
   4-38  with the administrators of other registries in the state in order
   4-39  to determine the identity of the appropriate registry or registries
   4-40  through which the birth parent may register.  Each administrator
   4-41  shall, within 30 days after receiving an inquiry from the
   4-42  administrator of the central registry, respond in writing to the
   4-43  inquiry.  After completing his investigation, the administrator of
   4-44  the central registry shall provide the birth parent with a written
   4-45  statement either identifying the name, address, and telephone
   4-46  number of each registry through which registration would be
   4-47  appropriate or stating that after diligent inquiry the
   4-48  administrator cannot determine the specific registry or registries
   4-49  through which registration would be appropriate.>
   4-50        Sec. 49.005 <49.006>.  REGISTRATION ELIGIBILITY.  (a)  An
   4-51  adoptee who is 18 years old or older may apply to a registry for
   4-52  information about his birth parents and biological siblings.
   4-53        (b)  A birth parent who is 18 <21> years old or older may
   4-54  apply to a registry for information about an adoptee who is a child
   4-55  by birth of the birth parent.
   4-56        (c)  A presumed <putative> father who is 18 years old or
   4-57  older and who acknowledges paternity but is not, at the time of
   4-58  application, a birth father may register as a birth father but may
   4-59  not otherwise be recognized as a birth father for the purposes of
   4-60  this chapter unless:
   4-61              (1)  the adoptee's birth mother in her application
   4-62  identifies him as the adoptee's biological father; and
   4-63              (2)  additional information concerning the adoptee
   4-64  obtained from other sources is not inconsistent with his claim of
   4-65  paternity.
   4-66        (d)  A biological sibling who is 18 <21> years old or older
   4-67  may apply to a <the central> registry for information about his
   4-68  adopted biological siblings.  <The application must be independent
   4-69  of any application submitted by a biological sibling as an adoptee
   4-70  for information about his birth parents.>
    5-1        (e)  Only birth parents, adoptees, and biological siblings
    5-2  may apply for information through a registry.
    5-3        (f)  No person, including an authorized agency, may apply for
    5-4  information through a registry as an agent, attorney, or
    5-5  representative of an adoptee, birth parent, or biological sibling.
    5-6        Sec. 49.006 <49.007>.  REGISTRATION <APPLICATIONS>.  (a)  The
    5-7  administrator shall require each registration applicant to sign a
    5-8  written<, verified> application.
    5-9        (b)  An adoptee adopted or placed through an authorized
   5-10  agency may <must> register through the registry maintained by that
   5-11  agency or the registry to which the agency has delegated registry
   5-12  services or<.  An adoptee adopted through an authorized agency may
   5-13  not register through any other registry unless the agency through
   5-14  which he was adopted or the successor of the agency does not
   5-15  maintain a registry, directly or by delegation to another agency,
   5-16  in which case the adoptee may register through> the central
   5-17  registry maintained by the department.
   5-18        (c)  Birth parents and biological siblings should apply to
   5-19  register through the registry of the authorized agency through
   5-20  which the adoptee was adopted or placed.  If the proper registry is
   5-21  unknown or if the agency's registry refuses the application, birth
   5-22  parents and biological siblings may register through the central
   5-23  registry <may register through one or more registries>.
   5-24        (d)  The administrator may not accept an application for
   5-25  registration unless:
   5-26              (1)  the applicant provides proof of identity in
   5-27  accordance with Section 49.007 of this code;
   5-28              (2)  the applicant establishes his eligibility to
   5-29  register; and
   5-30              (3)  the applicant pays all required registration fees.
   5-31        (e)  Unless earlier withdrawn, a registration remains in full
   5-32  force and effect from the date of acceptance for 99 years or for a
   5-33  shorter period specified by the registrant in his application.
   5-34        (f)  A registrant may withdraw his registration in writing
   5-35  without charge at any time.
   5-36        (g)  After withdrawal or expiration of the registration, the
   5-37  registrant shall be treated as if he had never registered.
   5-38        (h)  A complete registry application shall be accepted or
   5-39  rejected within 45 days after the date the application is received.
   5-40  If the application is rejected, the administrator shall provide the
   5-41  applicant with a written statement of the reasons for rejection.
   5-42  <Biological siblings registering as biological siblings may
   5-43  register through the central registry only.>
   5-44        <(e)  Each application must contain:>
   5-45              <(1)  the name, address, and telephone number of the
   5-46  applicant;>
   5-47              <(2)  all other names and aliases by which the
   5-48  applicant has been known;>
   5-49              <(3)  the applicant's name, age, date of birth, and
   5-50  place of birth;>
   5-51              <(4)  the original name of the adoptee, if known;>
   5-52              <(5)  the adoptive name of the adoptee, if known;>
   5-53              <(6)  a statement that the applicant is willing to
   5-54  allow his identity to be disclosed to those registrants eligible to
   5-55  learn his identity;>
   5-56              <(7)  the name, address, and telephone number of the
   5-57  agency or other entity, organization, or person placing the adoptee
   5-58  for adoption, if known; or, if not known, a statement that the
   5-59  applicant does not know that information;>
   5-60              <(8)  an authorization to the administrator and his
   5-61  delegates to inspect all vital statistics records, court records,
   5-62  and agency records, including confidential records, relating to the
   5-63  birth, adoption, marriage, and divorce of the applicant or to the
   5-64  birth and death of any child or sibling by birth or adoption of the
   5-65  applicant;>
   5-66              <(9)  the specific address to which the applicant
   5-67  wishes notice of a successful match to be mailed;>
   5-68              <(10)  a statement that the applicant either does or
   5-69  does not consent to disclosure of identifying information about
   5-70  himself after the applicant's death;>
    6-1              <(11)  a statement that the registration is to be
    6-2  effective for 99 years or for a stated shorter period selected by
    6-3  the applicant; and>
    6-4              <(12)  a statement that the adoptee applicant either
    6-5  does or does not desire to be informed that registry records
    6-6  indicate that the applicant has a biological sibling who has
    6-7  registered under this chapter.>
    6-8        <(f)  The application may contain the applicant's social
    6-9  security number if the applicant, after being advised of his right
   6-10  not to supply such number, voluntarily furnishes it.>
   6-11        <(g)  The application of an adoptee must include the names
   6-12  and birth dates of all children younger than 21 years old in the
   6-13  applicant's adoptive family.>
   6-14        <(h)  The application of a birth mother must include the
   6-15  following information:>
   6-16              <(1)  the original name and date of birth or
   6-17  approximate date of birth of each adoptee with respect to whom she
   6-18  is registering;>
   6-19              <(2)  each name known or thought by the applicant to
   6-20  have been used by the adoptee's birth father>;
   6-21              <(3)  the last known address of the adoptee's birth
   6-22  father; and>
   6-23              <(4)  other information available to her through which
   6-24  the birth father may be identified.>
   6-25        <(i)  The application of the birth father must include the
   6-26  following information:>
   6-27              <(1)  the original name and date of birth or
   6-28  approximate date of birth of each adoptee with respect to whom he
   6-29  is registering;>
   6-30              <(2)  each name, including the maiden name, known or
   6-31  thought by the applicant to have been used by the adoptee's birth
   6-32  mother;>
   6-33              <(3)  the last known address of the adoptee's birth
   6-34  mother; and>
   6-35              <(4)  other information available to him through which
   6-36  the birth mother may be identified.>
   6-37        <(j)  The application of a biological sibling must include:>
   6-38              <(1)  a statement explaining the applicant's basis for
   6-39  believing that he has one or more biological siblings;>
   6-40              <(2)  the names of all the applicant's siblings by
   6-41  birth and adoption and their dates and places of birth, if known;>
   6-42              <(3)  the names of his legal parents;>
   6-43              <(4)  the names of his birth parents, if known; and>
   6-44              <(5)  any other information known to the applicant
   6-45  through which the existence and identity of the applicant's
   6-46  biological siblings can be confirmed.>
   6-47        <(k)  An application may also contain additional information
   6-48  through which the applicant's identity and eligibility to register
   6-49  may be ascertained.>
   6-50        <(l)  The administrator shall assist the applicant in filling
   6-51  out the application if the applicant is unable to complete the
   6-52  application without assistance, but the administrator may not
   6-53  furnish the applicant with any substantive information necessary to
   6-54  complete the application.>
   6-55        Sec. 49.007 <49.008>.  PROOF OF IDENTITY.  The department's
   6-56  rules and minimum standards must provide for proof of identity in
   6-57  order to facilitate the purposes of this chapter and to protect the
   6-58  privacy rights of adoptees, adoptive parents, birth parents,
   6-59  biological siblings, and their families.
   6-60        Sec. 49.008 <49.009>.  APPLICATION <REGISTRATION>.  (a)  Each
   6-61  application must contain:
   6-62              (1)  the name, address, and telephone number of the
   6-63  applicant;
   6-64              (2)  all other names and aliases by which the applicant
   6-65  has been known;
   6-66              (3)  the applicant's age, date of birth, and place of
   6-67  birth;
   6-68              (4)  the original name of the adoptee, if known;
   6-69              (5)  the adoptive name of the adoptee, if known;
   6-70              (6)  a statement that the applicant is willing to allow
    7-1  his identity to be disclosed to those registrants eligible to learn
    7-2  his identity;
    7-3              (7)  the name, address, and telephone number of the
    7-4  agency or other entity, organization, or person placing the adoptee
    7-5  for adoption, if known, or, if not known, a statement that the
    7-6  applicant does not know that information;
    7-7              (8)  an authorization to the administrator and his
    7-8  delegates to inspect all vital statistics records, court records,
    7-9  and agency records, including confidential records relating to the
   7-10  birth, adoption, marriage, or divorce of the applicant or to the
   7-11  birth or death of any child or sibling by birth or adoption of the
   7-12  applicant;
   7-13              (9)  the specific address to which the applicant wishes
   7-14  notice of a successful match to be mailed;
   7-15              (10)  a statement that the applicant either does or
   7-16  does not consent to disclosure of identifying information about
   7-17  himself after the applicant's death;
   7-18              (11)  a statement that the registration is to be
   7-19  effective for 99 years or for a stated shorter period selected by
   7-20  the applicant; and
   7-21              (12)  a statement that the adoptee applicant either
   7-22  does or does not desire to be informed that registry records
   7-23  indicate that the applicant has a biological sibling who has
   7-24  registered under this chapter.  <The administrator may not accept
   7-25  an application for registration unless:>
   7-26              <(1)  the applicant provides proof of identity in
   7-27  accordance with Section 49.008 of this code;>
   7-28              <(2)  the applicant establishes his eligibility to
   7-29  register;>
   7-30              <(3)  the administrator has determined that the
   7-31  applicant is not required to register with another registry;>
   7-32              <(4)  the applicant pays all required registration
   7-33  fees; and>
   7-34              <(5)  the counseling required under Section 49.013 of
   7-35  this code has been completed.>
   7-36        (b)  The application may contain the applicant's social
   7-37  security number if the applicant, after being advised of his right
   7-38  not to supply such number, voluntarily furnishes it.  <Unless
   7-39  earlier withdrawn, a registration remains in full force and effect
   7-40  from the date of acceptance for 99 years or for a shorter period
   7-41  specified by the registrant in his application.>
   7-42        (c)  The application of a birth parent must include the
   7-43  following information:
   7-44              (1)  the original name, date of birth or approximate
   7-45  date of birth, and place of birth of each adoptee with respect to
   7-46  whom the parent is registering;
   7-47              (2)  the names of all other birth children, including
   7-48  maiden names, aliases, dates and places of birth, and names of the
   7-49  birth parents;
   7-50              (3)  each name known or thought by the applicant to
   7-51  have been used by the adoptee's other birth parent;
   7-52              (4)  the last known address of the adoptee's other
   7-53  birth parent; and
   7-54              (5)  other information available to the applicant
   7-55  through which the other birth parent may be identified.  <A
   7-56  registrant may withdraw his registration without charge at any
   7-57  time.>
   7-58        (d)  The application of a biological sibling must include:
   7-59              (1)  a statement explaining the applicant's basis for
   7-60  believing that the applicant has one or more biological siblings;
   7-61              (2)  the names, including maiden and married names, and
   7-62  aliases of all the applicant's siblings by birth and adoption and
   7-63  their dates and places of birth and birth parents, if known;
   7-64              (3)  the names of the applicant's legal parents;
   7-65              (4)  the names of the applicant's birth parents, if
   7-66  known; and
   7-67              (5)  any other information known to the applicant
   7-68  through which the existence and identity of the applicant's
   7-69  biological siblings can be confirmed.
   7-70        (e)  An application may also contain additional information
    8-1  through which the applicant's identity and eligibility to register
    8-2  may be ascertained.
    8-3        (f)  The administrator shall assist the applicant in filling
    8-4  out the application if the applicant is unable to complete the
    8-5  application without assistance, but the administrator may not
    8-6  furnish the applicant with any substantive information necessary to
    8-7  complete the application.  <After withdrawal or expiration of the
    8-8  registration, the registrant shall be treated as if he had never
    8-9  registered.>
   8-10        <Sec. 49.010.  REJECTED APPLICATIONS.  (a)  Registry
   8-11  application shall be accepted or rejected within 45 days after the
   8-12  date the application is filed.>
   8-13        <(b)  If an application is rejected, the administrator shall
   8-14  provide the applicant with a written statement of the reasons for
   8-15  rejection.>
   8-16        <(c)  If the basis for rejecting the application is that the
   8-17  applicant is required to register through another registry, the
   8-18  registry administrator shall identify the registry through which
   8-19  the applicant is required to apply, if known.>
   8-20        Sec. 49.009 <49.011>.  FEES.  (a)  The costs of establishing,
   8-21  operating, and maintaining a registry may be recovered in whole or
   8-22  in part through users' fees charged to applicants and registrants.
   8-23        (b)  Each registry shall establish a schedule of fees for
   8-24  services provided by <to users of> the registry.  Fees set forth in
   8-25  the schedule of fees shall be reasonably related to the direct and
   8-26  indirect costs of establishing, operating, and maintaining the
   8-27  registry.  <The department shall collect from each registrant a
   8-28  registration fee of $15 or an amount set as provided under H.B. No.
   8-29  894, Acts of the 68th Legislature, Regular Session, 1983, whichever
   8-30  amount is the larger.>  The fee collected by the department shall
   8-31  be deposited in the state treasury to the credit of a special fund
   8-32  that may be appropriated only for the administration of the central
   8-33  registry.  No fees may be charged for withdrawing a registration.
   8-34        (c)  The administrator may waive users' fees in whole or in
   8-35  part if the applicant provides satisfactory proof of financial
   8-36  inability to pay such fees.
   8-37        Sec. 49.010 <49.012>.  SUPPLEMENTAL INFORMATION.  (a)  A
   8-38  registrant may amend his registration and may submit additional
   8-39  information to the administrator.  A registrant shall notify the
   8-40  administrator of any change in his name or address that occurs
   8-41  after acceptance of his application.
   8-42        (b)  The administrator has no duty to search for a registrant
   8-43  who fails to register any change of name or address.
   8-44        Sec. 49.011 <49.013>.  COUNSELING.  <(a)>  The applicant must
   8-45  participate in counseling for at least one hour with a social
   8-46  worker or mental health professional with expertise in postadoption
   8-47  counseling after <before> the administrator has accepted the <may
   8-48  accept his> application and prior to the release of confidential
   8-49  information <for registration>.
   8-50        <(b)  The counseling shall be with a social worker or mental
   8-51  health professional employed or designated by the department or
   8-52  agency operating the registry.>
   8-53        <(c)  If the applicant is unwilling or unable to counsel with
   8-54  a social worker or mental health professional employed by the
   8-55  department or agency operating the registry, the applicant may
   8-56  arrange for counseling at his expense with any social worker or
   8-57  mental health professional mutually agreeable to the applicant and
   8-58  the registry administrator at a location reasonably accessible to
   8-59  the applicant.>
   8-60        <(d)  Counseling fees charged by the department or agency
   8-61  operating a registry shall be set forth in the schedule of fees
   8-62  required under Section 49.011(b) of this code.>
   8-63        <(e)  The social worker or mental health professional with
   8-64  whom the applicant has counseled shall furnish the applicant and
   8-65  the administrator with a written certification that the required
   8-66  counseling has been completed.>
   8-67        Sec. 49.012 <49.014>.  MATCHING PROCEDURES.  (a)  The
   8-68  administrator shall process each registration in an attempt to
   8-69  match the adoptee and his birth parents or the adoptee <a
   8-70  biological sibling> and his biological siblings.
    9-1        (b)  The administrator shall determine that there is a match
    9-2  if the adult adoptee and<,> the birth mother or<, and> the birth
    9-3  father have <each> registered or if a <any two> biological sibling
    9-4  has <siblings have> registered.  <No match shall be made until the
    9-5  youngest living adoptive sibling of an adoptee who shares a common
    9-6  birth parent with the adoptee is 21 years old or older.>
    9-7        (c)  In order to establish or corroborate a match, the
    9-8  administrator shall request confirmation of a possible match from
    9-9  the bureau of <each> vital statistics <bureau that has possession
   9-10  of the adoptee's or biological siblings' original birth records>,
   9-11  unless the department or agency operating the registry has in its
   9-12  own records sufficient information through which the match may be
   9-13  confirmed.  The<, in which case, the> administrator may, but is not
   9-14  required to, request confirmation from the bureau of <a> vital
   9-15  statistics <bureau>.  The bureau of <A> vital statistics <bureau>
   9-16  may, without breaching any duty of confidentiality to the adoptee,
   9-17  adoptive parents, birth parents, or biological siblings involved,
   9-18  and without the necessity of a court order, confirm or deny the
   9-19  match.
   9-20        (d)  In order to establish <or corroborate> a match, the
   9-21  administrator may also request confirmation of a possible match
   9-22  from the agency, if any, which has possession of records concerning
   9-23  the adoption of an adoptee, from the court that granted the
   9-24  adoption, from the hospital where the adoptee or any biological
   9-25  sibling was born, from the physician who delivered the adoptee or
   9-26  any biological sibling, or from any other person who has knowledge
   9-27  of the relevant facts.  The agency, court, hospital, physician, or
   9-28  person with knowledge may, without breaching any duty of
   9-29  confidentiality to the adoptee, adoptive parents, birth parents, or
   9-30  biological siblings involved, confirm or deny the match.
   9-31        (e)  If a match is denied by any source contacted under
   9-32  Subsection (d) of this section, the administrator shall make a full
   9-33  and complete investigation into the reliability of the denial.  If
   9-34  the match is corroborated by other reliable sources and the
   9-35  administrator is satisfied that the denial is erroneous, the
   9-36  administrator may make disclosures but shall report to the adoptee,
   9-37  birth parents, and biological siblings involved that the match was
   9-38  not confirmed by all information sources.
   9-39        Sec. 49.013.  DISCLOSURE OF IDENTIFYING INFORMATION.
   9-40  <49.015.  PARTIAL MATCH.  (a)  If the administrator determines that
   9-41  an adoptee and either of the adoptee's birth parents have
   9-42  registered, disclosures may be made without the registration of the
   9-43  other birth parent only if:>
   9-44              <(1)  the birth parent who did not register, after
   9-45  having been served with citation in person, by publication, or by
   9-46  other substituted service, defaulted in the suit in which the
   9-47  parent-child relationship between the birth parent and the adoptee
   9-48  was terminated or declared not to exist;>
   9-49              <(2)  the adoptee and birth mother of the adoptee have
   9-50  registered, and each putative father of the adoptee has either died
   9-51  without establishing his paternity or failed to establish his
   9-52  paternity after being served with citation in person, by
   9-53  publication, or by substituted service in any suit affecting the
   9-54  parent-child relationship with respect to the adoptee;>
   9-55              <(3)  the adoptee and the birth mother of the adoptee
   9-56  have registered, and there is no man who is a birth parent of the
   9-57  adoptee;>
   9-58              <(4)  the birth mother submits, or the administrator
   9-59  obtains from a court of competent jurisdiction in the state where
   9-60  the adoptee's original birth certificate is filed, a copy of a
   9-61  judgment declaring that the identity of the adoptee's biological
   9-62  father is unknown; or>
   9-63              <(5)  the administrator verifies that no living man was
   9-64  identified and given notice in preadoption legal proceedings of his
   9-65  status as the adoptee's biological father and that before January
   9-66  1, 1974, either the parent-child relationship between the adoptee
   9-67  and the adoptee's birth mother was terminated or the adoptee was
   9-68  adopted.>
   9-69        <(b)  After the requirements of Subsection (a) of this
   9-70  section have been satisfied, the administrator shall notify the
   10-1  registrants affected of the match.>
   10-2        <Sec. 49.016.  NOTIFICATION OF MATCH.>  (a)  When a match has
   10-3  been made and confirmed to the administrator's satisfaction, the
   10-4  administrator shall mail to each registrant, at his last known
   10-5  address, by fax or registered or certified mail, return receipt
   10-6  requested, delivery restricted to addressee only, a written notice:
   10-7              (1)  informing the registrant that a match has been
   10-8  made and confirmed;
   10-9              (2)  reminding the registrant that he may withdraw his
  10-10  registration before disclosures are made, if he so desires<, and
  10-11  that identifying information about the registrant may be released
  10-12  after 30 days in the event the registrant fails to withdraw his
  10-13  registration>;
  10-14              (3)  notifying the registrant that before any
  10-15  identifying disclosures are made <to him,> he must:
  10-16                    (A)  sign a written <postmatch> consent to
  10-17  disclosure which allows the disclosure of identifying information
  10-18  about the other registrants to him and permits the disclosure of
  10-19  identifying information about him to the other registrants
  10-20  <acknowledging that he continues to desire that disclosures be made
  10-21  to him>;
  10-22                    (B)  participate in counseling for at least one
  10-23  hour with a social worker or mental health professional with
  10-24  expertise in postadoption counseling; and
  10-25                    (C)  provide the administrator with written
  10-26  certification that the required counseling has been completed by a
  10-27  social worker or mental health professional with expertise in
  10-28  postadoption counseling.
  10-29              <(4)  advising the registrant that additional
  10-30  counseling services are available.>
  10-31        (b)  Identifying information about a registrant shall be
  10-32  released without the registrant's having consented after the match
  10-33  to disclosure if<:>
  10-34              <(1)  the registrant fails to withdraw his registration
  10-35  within 30 days after receiving the notification of match;>
  10-36              <(2)  there is no proof that the notification of match
  10-37  was received by the registrant within 45 days after the date the
  10-38  notification of match was mailed to the registrant and the
  10-39  administrator, after making due inquiry to the vital statistics
  10-40  bureaus of this state and the state of the registrant's last known
  10-41  address, has not within 90 days after the date the notification of
  10-42  match was mailed obtained satisfactory proof of the registrant's
  10-43  death; or>
  10-44              <(3)>  the registrant is dead, the registrant's
  10-45  registration was valid at the time of his death, and the registrant
  10-46  had in writing specifically authorized the postdeath disclosure in
  10-47  his application or in a supplemental statement filed with the
  10-48  administrator.
  10-49        (c)  Identifying information about a deceased birth parent
  10-50  may not be released until each surviving child of the deceased
  10-51  birth parent is an adult or until each <unless the> child's
  10-52  surviving parent, guardian, managing conservator, or legal
  10-53  custodian consents in writing to the disclosure.
  10-54        (d)  The administrator shall prepare and release written
  10-55  disclosure statements containing identifying information about each
  10-56  of the <other to> registrants who have complied with Subsection (a)
  10-57  of this section <Section 49.016(a) of this code> if within 60 days
  10-58  from the date notification of match was mailed, the <remaining>
  10-59  registrant or registrants have not withdrawn their registrations.
  10-60        (e)  If the administrator establishes that no match can be
  10-61  made because of the death of an adoptee, birth parent, or
  10-62  biological sibling, the administrator shall promptly notify the
  10-63  registrants affected.  The administrator shall disclose the reason
  10-64  that no match can be made and may disclose nonidentifying
  10-65  information concerning the circumstances of death.
  10-66        <Sec. 49.017.  DISCLOSURE:  ADOPTEE AND BIRTH PARENTS.
  10-67  (a)  The administrator shall prepare disclosure statements and
  10-68  schedule disclosure conferences with the registrants entitled to
  10-69  disclosure under Section 49.016 of this code.>
  10-70        <(b)  Except as provided by Subsection (d) of this section,
   11-1  identifying information may not be disclosed in any manner other
   11-2  than in a face-to-face conference attended in person by the
   11-3  registrant entitled to receive such information and a
   11-4  representative of the registry or of the agency through which the
   11-5  adoptee was adopted.>
   11-6        <(c)  At a conference, the registrant must be furnished with
   11-7  a written disclosure statement including the name, address, and
   11-8  telephone number of the registrants affected about whom identifying
   11-9  information may be disclosed.>
  11-10        <(d)  If it would be unduly difficult for a registrant to
  11-11  attend a disclosure conference in person, the administrator shall,
  11-12  at the request of the registrant and with written permission from
  11-13  the other registrants affected, waive the requirement of a
  11-14  face-to-face conference and mail the disclosure statement by
  11-15  registered or certified mail, return receipt requested, delivery
  11-16  restricted to addressee only, to the address specified by the
  11-17  registrant.>
  11-18        <(e)  The registrant shall sign a written statement
  11-19  acknowledging receipt of the disclosure statement.>
  11-20        <Sec. 49.018.  DISCLOSURE:  BIOLOGICAL SIBLINGS.  (a)  The
  11-21  administrator shall prepare disclosure statements and schedule
  11-22  disclosure conferences with the registrants entitled to disclosure
  11-23  under Section 49.016 of this code.>
  11-24        <(b)  Except as provided by Subsection (d) of this section,
  11-25  identifying information may not be disclosed in any manner other
  11-26  than in a face-to-face conference attended in person by the
  11-27  registrant entitled to receive the information and a representative
  11-28  of the registry.>
  11-29        <(c)  At a conference, the registrant must be furnished with
  11-30  a written disclosure statement including the name, address, and
  11-31  telephone number of each of the registrant's biological siblings
  11-32  about whom identifying information may be released.>
  11-33        <(d)  If it would be unduly difficult for a registrant to
  11-34  attend a disclosure conference in person, the administrator shall,
  11-35  at the request of the registrant and with written permission from
  11-36  the other registrants affected, waive the requirement of a
  11-37  face-to-face conference and mail the disclosure statement by
  11-38  registered or certified mail, return receipt requested, delivery
  11-39  restricted to addressee only, to the address specified by the
  11-40  registrant.>
  11-41        <(e)  The registrant shall sign a written statement
  11-42  acknowledging receipt of the disclosure statement.>
  11-43        <Sec. 49.019.  IMPOSSIBILITY OF DISCLOSURE.  If the
  11-44  administrator establishes that no match can be made because of the
  11-45  death of an adoptee, birth parent, or biological sibling, the
  11-46  administrator shall promptly notify the registrants affected.  The
  11-47  administrator shall disclose the reason that no match can be made
  11-48  and may disclose nonidentifying information concerning the
  11-49  circumstances of death.>
  11-50        Sec. 49.014 <49.020>.  REGISTRY RECORDS CONFIDENTIAL.
  11-51  (a)  All applications, registrations, records, and other
  11-52  information submitted to, obtained by, or otherwise acquired by a
  11-53  registry are confidential and may not be disclosed to any person or
  11-54  entity except in the manner authorized in this chapter.
  11-55        (b)  The information acquired by a registry may not be
  11-56  disclosed under freedom of information or sunshine legislation,
  11-57  rules, or practice.
  11-58        (c)  A person may not file or prosecute class action
  11-59  litigation to force a registry to disclose identifying information
  11-60  of any kind.
  11-61        Sec. 49.015 <49.021>.  RULEMAKING.  (a)  The department shall
  11-62  make rules and promulgate minimum standards to carry out the
  11-63  provisions of this chapter and to ensure that each registry
  11-64  respects the right to privacy and confidentiality of an adoptee,
  11-65  birth parent, and biological sibling who does not desire to
  11-66  disclose his identity.
  11-67        (b)  The department shall conduct a comprehensive review of
  11-68  all of its rules and standards under this chapter at least every
  11-69  six years.
  11-70        (c)  Before adopting rules and promulgating minimum
   12-1  standards, the department shall send a copy of the proposed rules
   12-2  and standards at least 60 days before they take effect to the
   12-3  administrator of each registry established under this chapter and
   12-4  to the administrator of each agency authorized by the department to
   12-5  place children for adoption in order to provide the administrators
   12-6  an opportunity to review the proposed rules and standards and send
   12-7  written suggestions to the department in connection therewith.
   12-8        Sec. 49.016 <49.022>.  PROHIBITED ACTS; CRIMINAL PENALTIES.
   12-9  (a)  Nothing in this chapter prevents <An administrator, employee,
  12-10  or agent of the department may not initiate contact with an adult
  12-11  adoptee, birth parent, or biological sibling, directly or
  12-12  indirectly, for the purpose of requesting or suggesting that the
  12-13  adoptee, birth parent, or biological sibling place his name in a
  12-14  registry.  This subsection does not prevent> the department from
  12-15  making known to the public, by appropriate means, the existence of
  12-16  voluntary adoption registries.
  12-17        (b)  Information received by or in connection with the
  12-18  operation of a registry may not be stored in any data bank used for
  12-19  any purpose other than operation of the registry <or processed
  12-20  through any data processing equipment accessible by any person not
  12-21  employed by the registry>.
  12-22        (c)  A person commits an offense if he, in violation of this
  12-23  chapter, knowingly or recklessly discloses information from
  12-24  registry applications, registrations, records, and other
  12-25  information submitted to, obtained by, or otherwise acquired by a
  12-26  registry.  This subsection shall not be construed to penalize the
  12-27  disclosure of information from adoption agency records, as opposed
  12-28  to registry records.  An offense under this subsection is a felony
  12-29  of the second degree.
  12-30        (d)  A person commits an offense if he, in violation of this
  12-31  chapter, by criminal negligence causes or permits the disclosure of
  12-32  information from registry applications, registrations, records, and
  12-33  other information submitted to, obtained by, or otherwise acquired
  12-34  by a registry.  This subsection shall not be construed to penalize
  12-35  the disclosure of information from adoption agency records, as
  12-36  opposed to registry records.  An offense under this subsection is a
  12-37  Class A misdemeanor.
  12-38        (e)  A person commits an offense if he impersonates an
  12-39  adoptee, birth parent, or biological sibling with the intent to
  12-40  secure confidential information from a registry established
  12-41  pursuant to this chapter.  An offense under this subsection is a
  12-42  felony of the second degree.
  12-43        (f)  A person commits an offense if he impersonates an
  12-44  administrator, agent, or employee of a registry with the intent to
  12-45  secure confidential information from a registry established
  12-46  pursuant to this chapter.  An offense under this subsection is a
  12-47  felony of the second degree.
  12-48        (g)  A person commits an offense if he, with intent to
  12-49  deceive and with knowledge of the statement's meaning, makes a
  12-50  false statement under oath in connection with the operation of a
  12-51  registry.  An offense under this subsection is a felony of the
  12-52  third degree.
  12-53        Sec. 49.017 <49.023>.  IMMUNITY FROM LIABILITY.  (a)  Neither
  12-54  the department nor an authorized agency establishing or operating a
  12-55  registry is liable to any person for obtaining or disclosing
  12-56  identifying information about a birth parent, adoptee, or
  12-57  biological sibling within the scope of this chapter and under its
  12-58  provisions.
  12-59        (b)  An employee or agent of the department or of any
  12-60  authorized agency establishing or operating a registry pursuant to
  12-61  this chapter is not liable to any person for obtaining or
  12-62  disclosing identifying information about a birth parent, adoptee,
  12-63  or biological sibling within the scope of this chapter and under
  12-64  its provisions.
  12-65        (c)  A person or entity furnishing information to the
  12-66  administrator or any employee or agent of a registry is not liable
  12-67  to any person for disclosing information about a birth parent,
  12-68  adoptee, or biological sibling within the scope of this chapter and
  12-69  under its provisions.
  12-70        (d)  A person or entity is not immune from liability for
   13-1  performing any act prohibited by Section 49.016 <49.022> of this
   13-2  code.
   13-3        SECTION 2.  Subsection (b), Section 11.17, Family Code, is
   13-4  amended to read as follows:
   13-5        (b)  On entry of an order <a decree> of adoption or on the
   13-6  loss <termination> of jurisdiction of a court as provided in
   13-7  Section 11.05(d) of this code, the clerk of the court <at
   13-8  petitioner's request> shall on or before the 10th day of the first
   13-9  month after the month in which the adoption is rendered transmit to
  13-10  the central registry of the department:
  13-11              (1)(A)  a complete file in the case, including all
  13-12  pleadings, papers, studies, and records in the suit other than the
  13-13  minutes of the court, if the petitioner has requested that the
  13-14  complete file be sent; or
  13-15                    (B)  <.  The clerk of the court, on entry of a
  13-16  decree of adoption, shall send to the department> a certified copy
  13-17  of the petition and order <decree> of adoption, excluding<.  The
  13-18  clerk may not transmit to the department> pleadings, papers,
  13-19  studies, and records relating to a suit for divorce or annulment or
  13-20  to declare a marriage void; and
  13-21              (2)  a report of adoption which includes:
  13-22                    (A)  the name of the adopted child after adoption
  13-23  as shown in the adoption order;
  13-24                    (B)  the birth date of the adopted child;
  13-25                    (C)  the docket number of the adoption suit;
  13-26                    (D)  the identity of the court rendering the
  13-27  adoption;
  13-28                    (E)  the date of the adoption order;
  13-29                    (F)  the name and address of each parent,
  13-30  guardian, managing conservator, or other person whose consent to
  13-31  adoption was required or waived as provided in Chapter 16 of this
  13-32  code, or whose parental rights were terminated in any suit
  13-33  affecting the parent-child relationship;
  13-34                    (G)  the identity of the licensed child-placing
  13-35  agency, if any, through which the adopted child was placed for
  13-36  adoption; and
  13-37                    (H)  the identity, address, and telephone number
  13-38  of the registry through which the adopted child may register as an
  13-39  adoptee.  <When the department receives the complete file or
  13-40  petition and decree of adoption, it shall close the records
  13-41  concerning that child; and except for statistical purposes, it
  13-42  shall not disclose any information concerning the prior proceedings
  13-43  affecting the child.  Except as provided in Subsection (d) of this
  13-44  section, any subsequent inquiries concerning the child shall be
  13-45  handled as though the child had not been previously the subject of
  13-46  a suit affecting the parent-child relationship.  On the receipt of
  13-47  additional records concerning a child who has been the subject of a
  13-48  suit affecting the parent-child relationship in which the records
  13-49  have been closed as required in this section, a new file shall be
  13-50  made and maintained as other records required by this section.>
  13-51        SECTION 3.  This Act takes effect September 1, 1995.
  13-52        SECTION 4.  The importance of this legislation and the
  13-53  crowded condition of the calendars in both houses create an
  13-54  emergency and an imperative public necessity that the
  13-55  constitutional rule requiring bills to be read on three several
  13-56  days in each house be suspended, and this rule is hereby suspended.
  13-57                               * * * * *