By Chisum H.B. No. 382
76R2219 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to placing a child in a foster home or adoptive home.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 162, Family Code, is
1-5 amended by adding Section 162.3085 to read as follows:
1-6 Sec. 162.3085. PLACING CHILD IN HOME IN WHICH HOMOSEXUAL
1-7 CONDUCT OCCURS. (a) In this section:
1-8 (1) "Deviate sexual intercourse" means:
1-9 (A) any contact between any part of the genitals
1-10 of one person and the mouth or anus of another person; or
1-11 (B) the penetration of the genitals or the anus
1-12 of another person with an object.
1-13 (2) "Homosexual activity" means deviate sexual
1-14 intercourse with another individual of the same sex.
1-15 (b) If the department or other state entity is the managing
1-16 conservator of a child, the department or other state entity may
1-17 not place the child in an adoptive home in which homosexual conduct
1-18 occurs or is likely to occur.
1-19 (c) The social study in a suit for adoption of a child in
1-20 the conservatorship of the department or another governmental
1-21 entity must include an investigation to determine whether
1-22 homosexual conduct is occurring or likely to occur in the adoptive
1-23 home.
1-24 SECTION 2. Subchapter B, Chapter 264, Family Code, is
2-1 amended by adding Section 264.1085 to read as follows:
2-2 Sec. 264.1085. PLACEMENT IN HOME IN WHICH HOMOSEXUAL CONDUCT
2-3 OCCURS. (a) In this section, "deviate sexual intercourse" and
2-4 "homosexual activity" have the meanings assigned those terms by
2-5 Section 162.3085.
2-6 (b) The department may not place a child in substitute care
2-7 or allow a child to remain in substitute care with an individual or
2-8 family if, after a reasonable investigation by the department, the
2-9 department determines that homosexual conduct is occurring or is
2-10 likely to occur in the home of the individual or family.
2-11 SECTION 3. This Act takes effect September 1, 1999, and
2-12 applies only to a suit for adoption pending on or filed after that
2-13 date.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.