By:  Zaffirini, et al.                                S.B. No. 1487
                                 A BILL TO BE ENTITLED
                                        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 nor may the department, county child-care or
   1-13  welfare unit, or licensed child-placing agency deny, delay, or
   1-14  prohibit the adoption of a child because the department, county, or
   1-15  agency is attempting to locate a family of a particular race or
   1-16  ethnicity <deny or delay placement of a child for adoption or
   1-17  otherwise discriminate on the basis of the race or ethnicity of the
   1-18  child or the prospective adoptive parents>.
   1-19        (b)  This section does not prevent or limit the recruitment
   1-20  of minority families as adoptive families, but the recruitment of
   1-21  minority families may not be for the purpose of locating families
   1-22  to match the race or ethnicity of a child nor may it be a reason to
   1-23  delay placement of a child with an available family of a race or
   1-24  ethnicity different from that of the child.
    2-1        (c)  A state or county employee who violates this section is
    2-2  subject to immediate dismissal.  A licensed child-placing agency
    2-3  that violates this section is subject to action by the licensing
    2-4  agency  as a ground for revocation or suspension of the agency's
    2-5  license.
    2-6        (d)  A district court, on the application for an injunction
    2-7  or the filing of a petition complaining of a violation of this
    2-8  section by any person residing in the county in which the court has
    2-9  jurisdiction, may enforce this section by issuing appropriate
   2-10  orders.  An action for an injunction is in addition to any other
   2-11  action, proceeding, or remedy authorized by law.  An applicant or
   2-12  petitioner who is granted an injunction or given other appropriate
   2-13  relief under this section is entitled to the costs of the suit,
   2-14  including reasonable attorney's fees.
   2-15        SECTION 2.  Section 264.108, Family Code, as added by H.B.
   2-16  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   2-17  amended to read as follows:
   2-18        Sec. 264.108.  RACE OR ETHNICITY.  (a)  The department may
   2-19  not make a foster care placement decision on the presumption that
   2-20  placing a child in a family of the same race or ethnicity as the
   2-21  race or ethnicity of the child is in the best interest of the child
   2-22  nor may the department:
   2-23              (1)  deny, delay, or prohibit placement of a child in
   2-24  foster care because the department is attempting to locate a family
   2-25  of a particular race or ethnicity; or
   2-26              (2)  remove a child from foster care with a family that
   2-27  is of a race or ethnicity different from that of the child
    3-1  <prohibit or delay the placement of a child in foster care or
    3-2  remove a child from foster care or otherwise discriminate on the
    3-3  basis of race or ethnicity of the child or the foster family>.
    3-4        (b)  The department may not remove a child from foster care
    3-5  with a family that is of a race or ethnicity different from that of
    3-6  the child for the sole reason that continued foster care with that
    3-7  family may:
    3-8              (1)  strengthen the emotional ties between the child
    3-9  and the family; or
   3-10              (2)  increase the potential of the family's desire to
   3-11  adopt the child because of the amount of time the child and the
   3-12  family are together.
   3-13        (c)  This section does not prevent or limit the department's
   3-14  recruitment of minority families as foster care families, but the
   3-15  recruitment of minority families may not be a reason to delay
   3-16  placement of a child in foster care with an available family of a
   3-17  race or ethnicity different from that of the child.
   3-18        (d)  An employee who violates this section is subject to
   3-19  immediate dismissal.
   3-20        (e)  The department by rule shall define what constitutes a
   3-21  delay under Subsections (a) and (c).
   3-22        (f)  A district court, on the application for an injunction
   3-23  or the filing of a petition complaining of a violation of this
   3-24  section by any person residing in the county in which the court has
   3-25  jurisdiction, may enforce this section by issuing appropriate
   3-26  orders.  An action for an injunction is in addition to any other
   3-27  action, proceeding, or remedy authorized by law.  An applicant or
    4-1  petitioner who is granted an injunction or given other appropriate
    4-2  relief under this section is entitled to the costs of the suit,
    4-3  including reasonable attorney's fees.
    4-4        SECTION 3.  This Act takes effect September 1, 1995.
    4-5        SECTION 4.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended.