1 | 1 | | 89R15779 AMF-F |
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2 | 2 | | By: Slawson H.B. No. 4611 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to mutual consent voluntary adoption registries. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 162.407, Family Code, is amended by |
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12 | 12 | | amending Subsections (a) and (d) and adding Subsection (d-1) to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) The administrator shall require each registration |
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15 | 15 | | applicant to sign a written application or electronically sign an |
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16 | 16 | | online application. |
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17 | 17 | | (d) The administrator may not accept an application for |
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18 | 18 | | registration unless the applicant: |
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19 | 19 | | (1) provides proof of identity as provided by Section |
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20 | 20 | | 162.408; |
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21 | 21 | | (2) establishes the applicant's eligibility to |
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22 | 22 | | register; and |
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23 | 23 | | (3) pays all applicable [required] registration fees |
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24 | 24 | | or submits an application for a fee waiver described by Section |
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25 | 25 | | 162.411(e) or (f). |
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26 | 26 | | (d-1) The administrator shall ensure that an applicant may |
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27 | 27 | | submit the application, proof of identity, and any applicable fees |
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28 | 28 | | or application for a fee waiver under Subsection (d) through an |
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29 | 29 | | online submission portal. |
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30 | 30 | | SECTION 2. Section 162.409(a), Family Code, is amended to |
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31 | 31 | | read as follows: |
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32 | 32 | | (a) An application must contain: |
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33 | 33 | | (1) the name, address, [and] telephone number, and |
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34 | 34 | | e-mail address of the applicant; |
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35 | 35 | | (2) any other name or alias by which the applicant has |
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36 | 36 | | been known; |
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37 | 37 | | (3) the age, date of birth, and place of birth of the |
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38 | 38 | | applicant; |
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39 | 39 | | (4) the original name of the adoptee, if known; |
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40 | 40 | | (5) the adoptive name of the adoptee, if known; |
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41 | 41 | | (6) a statement that the applicant is willing to allow |
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42 | 42 | | the applicant's identity to be disclosed to a registrant who is |
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43 | 43 | | eligible to learn the applicant's identity; |
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44 | 44 | | (7) the name, address, and telephone number of the |
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45 | 45 | | agency or other entity, organization, or person placing the adoptee |
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46 | 46 | | for adoption, if known, or, if not known, a statement that the |
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47 | 47 | | applicant does not know that information; |
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48 | 48 | | (8) an authorization to the administrator and the |
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49 | 49 | | administrator's designees to inspect all vital statistics records, |
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50 | 50 | | court records, and agency records, including confidential records, |
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51 | 51 | | relating to the birth, adoption, marriage, and divorce of the |
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52 | 52 | | applicant or to the birth and death of any child or sibling by birth |
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53 | 53 | | or adoption of the applicant; |
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54 | 54 | | (9) the specific address to which the applicant wishes |
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55 | 55 | | notice of a successful match to be mailed; |
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56 | 56 | | (10) a statement that the applicant either does or |
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57 | 57 | | does not consent to disclosure of identifying information about the |
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58 | 58 | | applicant after the applicant's death; |
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59 | 59 | | (11) a statement that the registration is to be |
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60 | 60 | | effective for 99 years or for a stated shorter period selected by |
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61 | 61 | | the applicant; [and] |
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62 | 62 | | (12) a statement that the adoptee applicant either |
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63 | 63 | | does or does not desire to be informed that registry records |
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64 | 64 | | indicate that the applicant has a biological sibling who has |
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65 | 65 | | registered under this subchapter; and |
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66 | 66 | | (13) an explanation of the process for applying for |
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67 | 67 | | the fee waivers described by Sections 162.411(e) and (f). |
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68 | 68 | | SECTION 3. Section 162.411, Family Code, is amended by |
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69 | 69 | | adding Subsections (f) and (g) to read as follows: |
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70 | 70 | | (f) The administrator shall waive users' fees if the |
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71 | 71 | | applicant is or ever has been in the conservatorship of the |
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72 | 72 | | department or in foster care in another state. |
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73 | 73 | | (g) The process for applying for the fee waivers described |
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74 | 74 | | by Subsections (e) and (f) must be displayed prominently on: |
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75 | 75 | | (1) the Internet website of the Department of State |
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76 | 76 | | Health Services; |
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77 | 77 | | (2) the Internet website of each administrator; |
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78 | 78 | | (3) each online application submission portal; and |
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79 | 79 | | (4) a written application for registration. |
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80 | 80 | | SECTION 4. Section 162.412(b), Family Code, is amended to |
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81 | 81 | | read as follows: |
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82 | 82 | | (b) The administrator does not have a duty to search for a |
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83 | 83 | | registrant who fails to register a change of name or address, except |
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84 | 84 | | that the administrator shall attempt to contact by e-mail a |
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85 | 85 | | registrant who has provided an e-mail address if a match has been |
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86 | 86 | | made but a name or address discrepancy is preventing the |
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87 | 87 | | administrator from confirming the match. |
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88 | 88 | | SECTION 5. Section 162.416(a), Family Code, is amended to |
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89 | 89 | | read as follows: |
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90 | 90 | | (a) When a match has been made and confirmed to the |
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91 | 91 | | administrator's satisfaction, the administrator shall mail to each |
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92 | 92 | | registrant, at the registrant's last known address, by fax or |
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93 | 93 | | registered or certified mail, return receipt requested, delivery |
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94 | 94 | | restricted to addressee only, a written notice: |
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95 | 95 | | (1) informing the registrant that a match has been |
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96 | 96 | | made and confirmed; |
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97 | 97 | | (2) reminding the registrant that the registrant may |
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98 | 98 | | withdraw the registration before disclosures are made, if desired; |
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99 | 99 | | and |
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100 | 100 | | (3) notifying the registrant that before any |
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101 | 101 | | identifying disclosures are made, the registrant must[: |
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102 | 102 | | [(A)] sign a written consent to disclosure that |
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103 | 103 | | allows the disclosure of identifying information about the other |
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104 | 104 | | registrants to the registrant and allows the disclosure of |
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105 | 105 | | identifying information about the registrant to other |
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106 | 106 | | registrants[; |
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107 | 107 | | [(B) participate in counseling for not less than |
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108 | 108 | | one hour with a social worker or mental health professional who has |
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109 | 109 | | expertise in postadoption counseling; and |
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110 | 110 | | [(C) provide the administrator with written |
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111 | 111 | | certification that the counseling required under Subdivision (B) |
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112 | 112 | | has been completed]. |
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113 | 113 | | SECTION 6. Section 162.413, Family Code, is repealed. |
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114 | 114 | | SECTION 7. As soon as practicable after the effective date |
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115 | 115 | | of this Act, the vital statistics unit of the Department of State |
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116 | 116 | | Health Services shall update as necessary the application as |
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117 | 117 | | required by Section 162.409(a), Family Code, as amended by this |
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118 | 118 | | Act. |
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119 | 119 | | SECTION 8. This Act takes effect September 1, 2025. |
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