HB 2138

AN ACT relating to preventing discrimination in foster care.

House Bill • Simmons

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

Bill introduced by legislator

In Committee

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Prohibits discrimination in foster care services based on sexual orientation, gender identity, or gender expression. It prevents state agencies, contractors, and foster care providers from taking adverse actions against individuals or denying services, licensing, or child placements due to these factors. The law aims to ensure equal treatment and opportunities for all potential foster parents and children in the Texas child welfare system, with implementation set for September 1, 2025.

Subject Areas

FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF Family--Child Protection DISCRIMINATION FOSTER CARE GENDER IDENTITY & EXPRESSION HEALTH & HUMAN SERVICES COMMISSION

Bill Text

relating to preventing discrimination in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.105 to read as follows:
Sec. 264.105.  PROHIBITED DISCRIMINATION IN FOSTER CARE.
(a)  Notwithstanding Section 264.0011, in this section,
"commission" means the Health and Human Services Commission.
(b)  The commission, the department, a single source
continuum contractor, and any other person may not discriminate or
take any adverse action against a person on the basis of the
person's sexual orientation, gender identity, or gender expression
relating to child welfare services, including the licensure or
verification of a foster home or the placement of a child.
SECTION 2.  This Act takes effect September 1, 2025.