HBA-NLM, H.B. 625 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 625
By: Reyna, Arthur
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law provided that the hearing date to
finalize an adoption must be held 40 to 60 days after the later of the date
a court ordered a social study evaluation (regarding the suitability of a
prospective adoptive parent) or the date of a request for criminal history
record information.  H.B. 625 deletes the provision allowing for the latest
possible date for a hearing on an adoption to be 60 days after the social
study is ordered or criminal history record information is requested.  This
bill authorizes the court to set the hearing at any time before the time
provided in this section, if the hearing date provides adequate time for
filing the social study and notifying the court of the criminal history
record information for a person seeking to adopt the child. 

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 Section 162.004, Family Code, as amended by Section 74,
Chapter 751, and Section 1, Chapter 908, Acts of the 74 Legislature,
Regular Session, 1995, by reenacting and amending it, as follows: 

Sec.  162.004.  TIME FOR HEARING.  Deletes the provision requiring the
court to set the date for a hearing on an adoption under this chapter
(Adoption) at a time not later than the 60th day after the later of the
date the social study is ordered or the date criminal history record
information is requested under Section 162.0085 (Criminal History Report
Required). Authorizes the court to set the hearing at any time before the
time provided in this section, if the hearing date provides adequate time
for filing the social study and notifying the court of the criminal history
record information for a person seeking to adopt the child.  Deletes the
phrase "for good cause shown" relating to the court's authority to set a
hearing date. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.