HBA-JRA H.B. 1181 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1181 By: Danburg State Affairs 4/12/1999 Introduced BACKGROUND AND PURPOSE Currently, the law does not clearly prohibit the Texas Department of Protective and Regulatory Services from discriminating or taking into consideration the sex, race, ethnicity, or sexual orientation of a prospective adoptive parent or substitute care provider when placing a child. H.B. 1181 prohibits the Department of Protective and Regulatory Services, a county child-care or welfare unit, or a licensed child-placing agency from taking into consideration the sex, race, ethnicity, or sexual orientation of a prospective adoptive parent or substitute care provider in making an adoption placement decision for a child, with certain exceptions. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 162, Family Code, by adding Section 162.3095, as follows: Sec. 162.3095. DISCRIMINATION PROHIBITED. Prohibits the Department of Protective and Regulatory Services, a county child-care or welfare unit, or a licensed child-placing agency from taking into consideration the sex, race, ethnicity, or sexual orientation of a prospective adoptive parent in making an adoption placement decision for a child, except for a determination made under 162.308(b) (Race or Ethnicity). SECTION 2. Amends Subchapter B, Chapter 264, Family Code, by adding Section 264.1085, as follows: Sec. 264.1085. DISCRIMINATION PROHIBITED. Prohibits the Department of Protective and Regulatory Services from taking into consideration the sex, race, ethnicity, or sexual orientation of a prospective substitute care provider in making a substitute care placement decision for a child, except for a determination made under 264.108(b) (Race or Ethnicity). SECTION 3. Emergency clause. Effective date: upon passage.