By Talton                                              H.B. No. 415
         76R593 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disqualifying certain persons from serving as foster
 1-3     parents.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 264, Family Code, is
 1-6     amended by adding Section 264.1062 to read as follows:
 1-7           Sec. 264.1062.  FOSTER PARENT DISQUALIFICATION.  (a)  The
 1-8     department shall inquire of an applicant who is applying to serve
 1-9     as a foster parent or of a foster parent whose performance is being
1-10     evaluated whether the applicant or foster parent is homosexual or
1-11     bisexual.
1-12           (b)  If the answer to the inquiry required by Subsection (a)
1-13     is affirmative, the department is prohibited from:
1-14                 (1)  allowing the applicant to serve as a foster
1-15     parent; or
1-16                 (2)  placing a child or allowing a child to remain in
1-17     foster care with the foster parent whose performance is being
1-18     evaluated.
1-19           (c)  Notwithstanding a negative answer to the inquiry
1-20     required by Subsection (a), if the department determines after a
1-21     reasonable investigation that an applicant who is applying to serve
1-22     as a foster parent or a foster parent whose performance is being
1-23     evaluated is homosexual or bisexual, the department is prohibited
1-24     from:
 2-1                 (1)  allowing the applicant to serve as a foster
 2-2     parent; or
 2-3                 (2)  placing a child or allowing a child to remain in
 2-4     foster care with the foster parent whose performance is being
 2-5     evaluated.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.