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By:  Talton                                                       H.B. No. 194



A BILL TO BE ENTITLED

AN ACT

relating to disqualifying certain persons from serving as foster 
parents.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 264, Family Code, is 
amended by adding Section 264.1062 to read as follows:
	Sec. 264.1062.  FOSTER PARENT DISQUALIFICATION.  (a)  The 
department shall inquire of an applicant who is applying to serve as 
a foster parent or of a foster parent whose performance is being 
evaluated whether the applicant or foster parent is homosexual or 
bisexual.
	(b)  If the answer to the inquiry required by Subsection (a) 
is affirmative, the department is prohibited from:
		(1)  allowing the applicant to serve as a foster 
parent; or          
		(2)  placing a child or allowing a child to remain in 
foster care with the foster parent whose performance is being 
evaluated.
	(c)  Notwithstanding a negative answer to the inquiry 
required by Subsection (a), if the department determines after a 
reasonable investigation that an applicant who is applying to serve 
as a foster parent or a foster parent whose performance is being 
evaluated is homosexual or bisexual, the department is prohibited 
from:
		(1)  allowing the applicant to serve as a foster 
parent; or          
		(2)  placing a child or allowing a child to remain in 
foster care with the foster parent whose performance is being 
evaluated.
	SECTION 2.  This Act takes effect September 1, 2003.