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.