HBA-BTC H.B. 382 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 382
By: Chisum
State Affairs
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas does not prohibit homosexual persons from becoming foster
parents.  As a result, Texas Child Protective Services (CPS) makes no
distinction between heterosexual and homosexual foster care applicants. 

Most states, including Texas, allow individual homosexual persons to adopt
children, but New Jersey is currently the only state to grant adoption
rights to same-sex couples.  Texas, along with many other states, does
recognize same-sex partners as co-parents through second-parent adoptions.
Florida and New Hampshire are the only states which have enacted statutes
expressly prohibiting adoptions by homosexual persons. 

H.B. 382 prohibits the placement of children under the managing
conservatorship of the state in foster care or adoptive homes where
homosexual activity occurs or is likely to occur. 

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
162.3085. 

Section 162.3085.  PLACING CHILD IN HOME IN WHICH HOMOSEXUAL CONDUCT
OCCURS.  Defines Deviate sexual intercourse to mean any contact between any
part of the genitals of one person and the mouth or anus of another person,
or the penetration of the genitals or the anus of another person with an
object.  Defines homosexual activity to mean deviate sexual intercourse
with another individual of the same sex.  Establishes that if the
department or state entity is the managing conservator of a child, it is
prohibited from placing the child in an adoptive home in which homosexual
conduct occurs or is likely to occur. Specifies that the social study in a
suit for adoption of a chile in the conservatorship of the department or
other governmental entity must include an investigation to determine
whether homosexual conduct is occurring or likely to occur in the adoptive
home. 

SECTION 2.  Amends Subchapter B, Chapter 264, Family Code by adding Section
264.1085. 

Section 264.1085.  PLACEMENT IN HOME IN WHICH HOMOSEXUAL CONDUCT OCCURS.
(a)  Makes conforming changes.
(b)  Prohibits department from placing a child in substitute care or allow
a child to remain in substitute care with an individual or family if, after
a reasonable investigation by the department, it is determined that
homosexual conduct is occurring or is likely to occur in the home of the
individual or family. 

SECTION 3. Effective date:  September 1, 1999.
  Makes this Act prospective.

 SECTION 4. Emergency Clause.