H.B. 980 78(R)    BILL ANALYSIS


H.B. 980
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

During the 75th Legislative Session, House Bill 1091 amended Subchapter A,
Section 162.001, Family Code, to set forth regulations regarding the
adoption of children who are at least  two years old.  Due to the wording
of the amended language, confusion exists amongst practitioners and courts
as to the legislative intent behind the amended language.  House Bill 980
simply clarifies the original legislative intent behind Section 162.001,
of the Family Code. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Section 162.001(b)(3) by providing that a child
residing in this state may be adopted if the child is at least two years
old, the parent-child relationship has been terminated with respect to one
parent, the person seeking the adoption has been a managing conservator or
has had actual care, possession, and control of the child for a period of
six months preceding the adoption or is the child's former stepparent and
the nonterminated parent consents to the adoption.  Deletes Section
162.001(b)(4). 

Section 2.  This Act takes effect September 1, 2003. (b) The change in law
made by this Act applies only to a suit for adoption filed on or after the
effective date of this Act. A suit for adoption filed before the effective
date of this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose. 


EFFECTIVE DATE

September 1, 2003.