| 1 | 1 | | H.B. No. 461 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to a waiver of the requirement for the performance of an |
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| 6 | 6 | | adoption evaluation in certain suits for adoption. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 107.153, Family Code, is amended by |
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| 9 | 9 | | amending Subsections (a) and (e) and adding Subsection (a-1) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) Except as provided by Subsection (a-1), the [The] court |
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| 12 | 12 | | shall order the performance of an adoption evaluation to evaluate |
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| 13 | 13 | | each party who requests termination of the parent-child |
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| 14 | 14 | | relationship or an adoption in a suit for: |
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| 15 | 15 | | (1) termination of the parent-child relationship in |
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| 16 | 16 | | which a person other than a parent may be appointed managing |
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| 17 | 17 | | conservator of a child; or |
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| 18 | 18 | | (2) an adoption. |
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| 19 | 19 | | (a-1) In a suit for adoption that is uncontested, the court |
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| 20 | 20 | | may waive the requirement under Subsection (a) for the performance |
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| 21 | 21 | | of an adoption evaluation of the prospective adoptive parent if: |
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| 22 | 22 | | (1) the prospective adoptive parent is a stepparent of |
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| 23 | 23 | | the child; and |
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| 24 | 24 | | (2) the court has reviewed investigative records of |
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| 25 | 25 | | the department and any criminal history record information |
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| 26 | 26 | | maintained by the Department of Public Safety relating to the |
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| 27 | 27 | | prospective adoptive parent. |
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| 28 | 28 | | (e) The costs of conducting an adoption evaluation required |
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| 29 | 29 | | under Subsection (a) or reviewing investigative records of the |
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| 30 | 30 | | department and criminal history record information maintained by |
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| 31 | 31 | | the Department of Public Safety under Subsection (a-1), as |
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| 32 | 32 | | applicable, [this section] shall be paid by the prospective |
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| 33 | 33 | | adoptive parent. |
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| 34 | 34 | | SECTION 2. Section 162.003, Family Code, is amended to read |
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| 35 | 35 | | as follows: |
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| 36 | 36 | | Sec. 162.003. ADOPTION EVALUATION. In a suit for adoption, |
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| 37 | 37 | | an adoption evaluation must be conducted as provided in Chapter |
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| 38 | 38 | | 107, unless the court waives the requirement for the performance of |
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| 39 | 39 | | an adoption evaluation under Section 107.153(a-1). |
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| 40 | 40 | | SECTION 3. The change in law made by this Act applies only |
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| 41 | 41 | | to a suit for adoption that is pending in trial court on the |
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| 42 | 42 | | effective date of this Act or filed on or after the effective date |
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| 43 | 43 | | of this Act. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.B. No. 461 was passed by the House on May 6, |
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| 48 | 48 | | 2023, by the following vote: Yeas 133, Nays 1, 2 present, not |
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| 49 | 49 | | voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | I certify that H.B. No. 461 was passed by the Senate on May |
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| 53 | 53 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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| 54 | 54 | | ______________________________ |
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| 55 | 55 | | Secretary of the Senate |
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| 56 | 56 | | APPROVED: _____________________ |
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| 57 | 57 | | Date |
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| 58 | 58 | | _____________________ |
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| 59 | 59 | | Governor |
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