In Search of Homosexual Activity

The two bills below seek to ban gays and lesbians from adopting or fostering children in the State of Texas.

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by Warren Chisum
H.B. No. 382
76R2219 MCK-D

A BILL TO BE ENTITLED AN ACT relating to placing a child in a foster home or adoptive home.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 162, Family Code, is amended by adding Section 162.3085 to read as follows:

Sec. 162.3085. PLACING CHILD IN HOME IN WHICH HOMOSEXUAL CONDUCT OCCURS. (a) In this section:

(1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.

(2) "Homosexual activity" means deviate sexual intercourse with another individual of the same sex.

(b) If the department or other state entity is the managing conservator of a child, the department or other state entity may not place the child in an adoptive home in which homosexual conduct occurs or is likely to occur. The social study in a suit for adoption of a child in the conservatorship of the department or another governmental entity must include an investigation to determine whether homosexual conduct is occurring or likely to occur in the adoptive home.

SECTION 2. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1085 to read as follows:

Sec. 264.1085. PLACEMENT IN HOME IN WHICH HOMOSEXUAL CONDUCT OCCURS. (a) In this section, "deviate sexual intercourse" and "homosexual activity" have the meanings assigned those terms by Section 162.3085.

(b) The department may not place a child in substitute care or allow a child to remain in substitute care with an individual or family if, after a reasonable investigation by the department, the department determines that homosexual conduct is occurring or is likely to occur in the home of the individual or family.

SECTION 3. This Act takes effect September 1, 1999, and applies only to a suit for adoption pending on or filed after that date.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

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by Robert Talton
H.B. No. 415
76R593 KLA-D

A BILL TO BE ENTITLED AN ACT relating to disqualifying certain persons from serving as foster parents.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1062 to read as follows:

Sec. 264.1062. FOSTER PARENT DISQUALIFICATION. (a) The department shall inquire of an applicant who is applying to serve as a foster parent or of a foster parent whose performance is being evaluated whether the applicant or foster parent is homosexual or bisexual.

(b) If the answer to the inquiry required by Subsection (a) is affirmative, the department is prohibited from: (1) allowing the applicant to serve as a foster parent; or (2) placing a child or allowing a child to remain in foster care with the foster parent whose performance is being evaluated.

(c) Notwithstanding a negative answer to the inquiry required by Subsection (a), if the department determines after a reasonable investigation that an applicant who is applying to serve as a foster parent or a foster parent whose performance is being evaluated is homosexual or bisexual, the department is prohibited from:

(1) allowing the applicant to serve as a foster parent; or (2) placing a child or allowing a child to remain in foster care with the foster parent whose performance is being evaluated.

SECTION 2. This Act takes effect September 1, 1999.

SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.