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


Office of House Bill AnalysisC.S.H.B. 625
By: Reyna, Arthur
Juvenile Justice and Family Issues
3/29/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE 

Current law provides that the hearing date to finalize an adoption must be
held 40 to 60 days after the later of the date a court orders a social
study evaluation (regarding the suitability of a prospective adoptive
parent) or the date of a request for criminal history record information.
C.S.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, 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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 625 modifies the original in SECTION 1 (Section 162.004, Family
Code) by deleting the provision in Subsection (a) requiring the court to
set the date for a hearing on an adoption under this chapter 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), rather than increasing
the latest date for a hearing on an adoption to the 180th day after. 

The substitute modifies the original by amending existing Subsection (b) to
authorize the court to set the hearing at any time before the time provided
in Subsection (a), 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.