HBA-BTC H.B. 382 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 382 By: Chisum State Affairs 2/9/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas does not prohibit homosexual persons from becoming foster parents. As a result, Texas Child Protective Services (CPS) makes no distinction between heterosexual and homosexual foster care applicants. Most states, including Texas, allow individual homosexual persons to adopt children, but New Jersey is currently the only state to grant adoption rights to same-sex couples. Texas, along with many other states, does recognize same-sex partners as co-parents through second-parent adoptions. Florida and New Hampshire are the only states which have enacted statutes expressly prohibiting adoptions by homosexual persons. H.B. 382 prohibits the placement of children under the managing conservatorship of the state in foster care or adoptive homes where homosexual activity occurs or is likely to occur. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 162, Family Code by adding Section 162.3085. Section 162.3085. PLACING CHILD IN HOME IN WHICH HOMOSEXUAL CONDUCT OCCURS. Defines Deviate sexual intercourse to mean any contact between any part of the genitals of one person and the mouth or anus of another person, or the penetration of the genitals or the anus of another person with an object. Defines homosexual activity to mean deviate sexual intercourse with another individual of the same sex. Establishes that if the department or state entity is the managing conservator of a child, it is prohibited from placing the child in an adoptive home in which homosexual conduct occurs or is likely to occur. Specifies that the social study in a suit for adoption of a chile in the conservatorship of the department or other governmental entity must include an investigation to determine whether homosexual conduct is occurring or likely to occur in the adoptive home. SECTION 2. Amends Subchapter B, Chapter 264, Family Code by adding Section 264.1085. Section 264.1085. PLACEMENT IN HOME IN WHICH HOMOSEXUAL CONDUCT OCCURS. (a) Makes conforming changes. (b) Prohibits department from placing a child in substitute care or allow a child to remain in substitute care with an individual or family if, after a reasonable investigation by the department, it is determined that homosexual conduct is occurring or is likely to occur in the home of the individual or family. SECTION 3. Effective date: September 1, 1999. Makes this Act prospective. SECTION 4. Emergency Clause.