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.