HBA-NLM H.B. 415 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 415 By: Talton State Affairs 2/17/1999 Introduced BACKGROUND AND PURPOSE Currently, applications for the right to serve as a foster parent do inquire as to whether or not an applicant is homosexual or bisexual. H.B. 415 requires the Department of Protective and Regulatory Services to inquire whether or not an applicant is homosexual or bisexual and prohibits a person from serving as a foster parent if the answer is affirmative. 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 B, Chapter 264, Family Code, by adding Section 264.1062, to require the Department of Protective and Regulatory Services (department) to inquire whether a foster parent applicant or a foster parent undergoing a performance evaluation is homosexual or bisexual. Prohibits the department from allowing an applicant to serve as a foster parent or from allowing a child to remain with a foster parent undergoing a performance evaluation if the applicant or parent provides an affirmative answer to the inquiry, or if the department determines that the applicant or parent is homosexual or bisexual after a reasonable investigation. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.