BILL ANALYSIS Senate Research Center S.B. 703 81R6660 JSC-F By: Nelson Health & Human Services 3/9/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT When a child in state conservatorship is placed for adoption, the Department of Family and Protective Services (DFPS) requests the certified birth certificate from the Department of State Health Services (DSHS), and then transfers funds to cover the costs of providing that information through an interagency transfer process. Adoptions have been delayed for some children in state conservatorship because of difficulty obtaining the court-required certified birth certificate. As proposed, S.B. 703 prohibits DSHS from collecting a fee for a certified birth certificate for a child in the state's conservatorship who is ready for adoption in certain circumstances. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 191.0047, Health and Safety Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Requires the terms of the memorandum of understanding, subject to Subsection (c), to include methods for reimbursing the Department of State Health Services (DSHS) in an amount that is not more than the actual costs DSHS incurs in verifying the birth information or providing the birth record to the Department of Family and Protective Services (DFPS). (c) Prohibits DSHS from collecting a fee or other amount for verification of birth information or provision of a certified copy of the birth record under Subsection (a) for a child in the managing conservatorship of DFPS if parental rights to the child have been terminated and the child is eligible for adoption. SECTION 2. Effective date: September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 703
81R6660 JSC-F By: Nelson
Health & Human Services
3/9/2009
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
When a child in state conservatorship is placed for adoption, the Department of Family and Protective Services (DFPS) requests the certified birth certificate from the Department of State Health Services (DSHS), and then transfers funds to cover the costs of providing that information through an interagency transfer process. Adoptions have been delayed for some children in state conservatorship because of difficulty obtaining the court-required certified birth certificate.
As proposed, S.B. 703 prohibits DSHS from collecting a fee for a certified birth certificate for a child in the state's conservatorship who is ready for adoption in certain circumstances.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 191.0047, Health and Safety Code, by amending Subsection (b) and adding Subsection (c), as follows:
(b) Requires the terms of the memorandum of understanding, subject to Subsection (c), to include methods for reimbursing the Department of State Health Services (DSHS) in an amount that is not more than the actual costs DSHS incurs in verifying the birth information or providing the birth record to the Department of Family and Protective Services (DFPS).
(c) Prohibits DSHS from collecting a fee or other amount for verification of birth information or provision of a certified copy of the birth record under Subsection (a) for a child in the managing conservatorship of DFPS if parental rights to the child have been terminated and the child is eligible for adoption.
SECTION 2. Effective date: September 1, 2009.