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A BILL TO BE ENTITLED
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AN ACT
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relating to mutual consent voluntary adoption registries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.407, Family Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(a) The administrator shall require each registration |
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applicant to sign a written application or electronically sign an |
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online application. |
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(d) The administrator may not accept an application for |
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registration unless the applicant: |
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(1) provides proof of identity as provided by Section |
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162.408; |
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(2) establishes the applicant's eligibility to |
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register; and |
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(3) pays all applicable [required] registration fees |
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or submits an application for a fee waiver described by Section |
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162.411(e) or (f). |
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(d-1) The administrator shall ensure that an applicant may |
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submit the application, proof of identity, and any applicable fees |
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or application for a fee waiver under Subsection (d) through an |
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online submission portal. |
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SECTION 2. Section 162.409(a), Family Code, is amended to |
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read as follows: |
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(a) An application must contain: |
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(1) the name, address, [and] telephone number, and |
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e-mail address of the applicant; |
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(2) any other name or alias by which the applicant has |
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been known; |
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(3) the age, date of birth, and place of birth of the |
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applicant; |
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(4) the original name of the adoptee, if known; |
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(5) the adoptive name of the adoptee, if known; |
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(6) a statement that the applicant is willing to allow |
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the applicant's identity to be disclosed to a registrant who is |
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eligible to learn the applicant's identity; |
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(7) the name, address, and telephone number of the |
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agency or other entity, organization, or person placing the adoptee |
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for adoption, if known, or, if not known, a statement that the |
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applicant does not know that information; |
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(8) an authorization to the administrator and the |
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administrator's designees to inspect all vital statistics records, |
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court records, and agency records, including confidential records, |
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relating to the birth, adoption, marriage, and divorce of the |
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applicant or to the birth and death of any child or sibling by birth |
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or adoption of the applicant; |
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(9) the specific address to which the applicant wishes |
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notice of a successful match to be mailed; |
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(10) a statement that the applicant either does or |
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does not consent to disclosure of identifying information about the |
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applicant after the applicant's death; |
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(11) a statement that the registration is to be |
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effective for 99 years or for a stated shorter period selected by |
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the applicant; [and] |
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(12) a statement that the adoptee applicant either |
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does or does not desire to be informed that registry records |
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indicate that the applicant has a biological sibling who has |
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registered under this subchapter; and |
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(13) an explanation of the process for applying for |
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the fee waivers described by Sections 162.411(e) and (f). |
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SECTION 3. Section 162.411, Family Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) The administrator shall waive users' fees if the |
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applicant is or ever has been in the conservatorship of the |
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department or in foster care in another state. |
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(g) The process for applying for the fee waivers described |
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by Subsections (e) and (f) must be displayed prominently on: |
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(1) the Internet website of the Department of State |
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Health Services; |
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(2) the Internet website of each administrator; |
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(3) each online application submission portal; and |
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(4) a written application for registration. |
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SECTION 4. Section 162.412(b), Family Code, is amended to |
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read as follows: |
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(b) The administrator does not have a duty to search for a |
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registrant who fails to register a change of name or address, except |
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that the administrator shall attempt to contact by e-mail a |
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registrant who has provided an e-mail address if a match has been |
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made but a name or address discrepancy is preventing the |
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administrator from confirming the match. |
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SECTION 5. Section 162.416(a), Family Code, is amended to |
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read as follows: |
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(a) When a match has been made and confirmed to the |
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administrator's satisfaction, the administrator shall mail to each |
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registrant, at the registrant's last known address, by fax or |
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registered or certified mail, return receipt requested, delivery |
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restricted to addressee only, a written notice: |
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(1) informing the registrant that a match has been |
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made and confirmed; |
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(2) reminding the registrant that the registrant may |
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withdraw the registration before disclosures are made, if desired; |
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and |
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(3) notifying the registrant that before any |
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identifying disclosures are made, the registrant must[: |
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[(A)] sign a written consent to disclosure that |
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allows the disclosure of identifying information about the other |
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registrants to the registrant and allows the disclosure of |
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identifying information about the registrant to other |
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registrants[; |
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[(B) participate in counseling for not less than |
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one hour with a social worker or mental health professional who has |
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expertise in postadoption counseling; and |
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[(C) provide the administrator with written |
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certification that the counseling required under Subdivision (B) |
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has been completed]. |
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SECTION 6. Section 162.413, Family Code, is repealed. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the vital statistics unit of the Department of State |
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Health Services shall update as necessary the application as |
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required by Section 162.409(a), Family Code, as amended by this |
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Act. |
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SECTION 8. This Act takes effect September 1, 2025. |