S.B. No. 1487
                                        AN ACT
    1-1  relating to prohibiting the consideration of race or ethnicity as a
    1-2  factor in adoption or foster care placements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 162.308, Family Code, as added by H.B.
    1-5  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-6  amended to read as follows:
    1-7        Sec. 162.308.  RACE OR ETHNICITY.  (a)  The department, a
    1-8  county child-care or welfare unit, or a licensed child-placing
    1-9  agency may not make an adoption placement decision on the
   1-10  presumption that placing a child in a family of the same race or
   1-11  ethnicity as the race or ethnicity of the child is in the best
   1-12  interest of the child <deny or delay placement of a child for
   1-13  adoption or otherwise discriminate on the basis of the race or
   1-14  ethnicity of the child or the prospective adoptive parents>.
   1-15        (b)  Unless an independent psychological evaluation specific
   1-16  to a child indicates that placement with a family of a particular
   1-17  race or ethnicity would be detrimental to the child, the
   1-18  department, county child-care or welfare unit, or licensed
   1-19  child-placing agency may not deny, delay, or prohibit the adoption
   1-20  of a child because the department, county, or agency is attempting
   1-21  to locate a family of a particular race or  ethnicity.
   1-22        (c)  This section does not prevent or limit the recruitment
   1-23  of minority families as adoptive families, but the recruitment of
   1-24  minority families may not be a reason to delay placement of a child
    2-1  with an available family of a race or ethnicity different from that
    2-2  of the child.
    2-3        (d)  A state or county employee who violates this section is
    2-4  subject to immediate dismissal.  A licensed child-placing agency
    2-5  that violates this section is subject to action by the licensing
    2-6  agency as a ground for revocation or suspension of the agency's
    2-7  license.
    2-8        (e)  A district court, on the application for an injunction
    2-9  or the filing of a petition complaining of a violation of this
   2-10  section by any person residing in the county in which the court has
   2-11  jurisdiction, shall enforce this section by issuing appropriate
   2-12  orders.  An action for an injunction is in addition to any other
   2-13  action, proceeding, or remedy authorized by law.  An applicant or
   2-14  petitioner who is granted an injunction or given other appropriate
   2-15  relief under this section is entitled to the costs of the suit,
   2-16  including reasonable attorney's fees.
   2-17        SECTION 2.  Section 264.108, Family Code, as added by H.B.
   2-18  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   2-19  amended to read as follows:
   2-20        Sec. 264.108.  RACE OR ETHNICITY.  (a)  The department may
   2-21  not make a foster care placement decision on the presumption that
   2-22  placing a child in a family of the same race or ethnicity as the
   2-23  race or ethnicity of the child is in the best interest of the child
   2-24  <prohibit or delay the placement of a child in foster care or
   2-25  remove a child from foster care or otherwise discriminate on the
   2-26  basis of race or ethnicity of the child or the foster family>.
   2-27        (b)  Unless an independent psychological evaluation specific
    3-1  to a child indicates that placement or continued living with a
    3-2  family of a particular race or  ethnicity would be detrimental to
    3-3  the child, the department may not:
    3-4              (1)  deny, delay, or prohibit placement of a child in
    3-5  foster care because the department is attempting to locate a family
    3-6  of a particular race or ethnicity; or
    3-7              (2)  remove a child from foster care with a family that
    3-8  is of a race or ethnicity different from that of the child.
    3-9        (c)  The department may not remove a child from foster care
   3-10  with a family that is of a race or ethnicity different from that of
   3-11  the child for the sole reason that continued foster care with that
   3-12  family may:
   3-13              (1)  strengthen the emotional ties between the child
   3-14  and the family; or
   3-15              (2)  increase the potential of the family's desire to
   3-16  adopt the child because of the amount of time the child and the
   3-17  family are together.
   3-18        (d)  This section does not prevent or limit the department's
   3-19  recruitment of minority families as foster care families, but the
   3-20  recruitment of minority families may not be a reason to delay
   3-21  placement of a child in foster care with an available family of a
   3-22  race or ethnicity different from that of the child.
   3-23        (e)  An employee who violates this section is subject to
   3-24  immediate dismissal.
   3-25        (f)  The department by rule shall define what constitutes a
   3-26  delay under Subsections (b) and (d).
   3-27        (g)  A district court, on the application for an injunction
    4-1  or the filing of a petition complaining of a violation of this
    4-2  section by any person residing in the county in which the court has
    4-3  jurisdiction, shall enforce this section by issuing appropriate
    4-4  orders.  An action for an injunction is in addition to any other
    4-5  action, proceeding, or remedy authorized by law.  An applicant or
    4-6  petitioner who is granted an injunction or given other appropriate
    4-7  relief under this section is entitled to the costs of the suit,
    4-8  including reasonable attorney's fees.
    4-9        SECTION 3.  The importance of this legislation and the
   4-10  crowded condition of the calendars in both houses create an
   4-11  emergency and an imperative public necessity that the
   4-12  constitutional rule requiring bills to be read on three several
   4-13  days in each house be suspended, and this rule is hereby suspended,
   4-14  and that this Act take effect and be in force from and after its
   4-15  passage, and it is so enacted.