SRC-JBJ H.B. 1634 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1634
77R3886 MCK-DBy: King, Phil (Harris)
Jurisprudence
4/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, there is some confusion regarding the statutory consideration of
counseling as an expense that adoptive parents can pay for in assisting
birth parents.  As proposed, H.B. 1634 allows adoptive parents to pay for
the expenses of certain counseling-related services to the birth parents
for assistance through the adoption process.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.   

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.08(b), Penal Code, to provide that it is an
exception to the application of this section (Sale or Purchase of Child)
that the thing of value is: 

 _a fee or reimbursement paid to a child-placing agency as authorized by
law; 

 _a fee paid to an attorney, social worker, mental health professional, or
physician for services rendered in the usual course of legal or medical
practice or in providing adoption counseling; 

 _a reimbursement of legal or medical expenses incurred by a person for the
benefit of the child; or 

 _a necessary pregnancy-related expense paid by a child-placing agency for
the benefit of the child's parent during the pregnancy or after the birth
of the child as permitted by the minimum standards for child-placing
agencies and Department of Protective and Regulatory Services rules. 

SECTION 2.  Provides that the change in law made by this Act applies to an
offense under Section 25.08, Penal Code, committed before, on, or after the
effective date of this Act, except that a conviction for an offense under
Section 25.08 that becomes final before the effective date of this Act is
unaffected by this Act. 

SECTION 3.  Effective date: September 1, 2001.