By: Lozano H.B. No. 769       A BILL TO BE ENTITLED   AN ACT   relating to the evaluation of potential foster parents and adoptive   parents.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,   is amended by adding Section 42.064 to read as follows:          Sec. 42.064.  PSYCHOLOGICAL EVALUATION REQUIRED. (a)  The   department or a licensed child-placing agency may not place a child   in a licensed or verified foster home, foster group home, agency   foster home, or agency foster group home unless the department or   licensed child-placing agency has performed a psychological   evaluation of the operator of the home to determine the operator's   personality and emotional characteristics and strengths and   weaknesses to:                (1)  determine whether the operator:                      (A)  is psychologically fit and emotionally   prepared to be a foster care provider; or                      (B)  poses a danger or risk to children in foster   care; and                (2)  appropriately match the foster care provider with   a child for whom the foster care provider is best able to provide a   safe, nurturing environment.          (b)  The department or a licensed child placing agency may   not place a child in an adoptive home unless the department or   licensed child-placing agency has performed a psychological   evaluation of the potential adoptive parents in the manner provided   by Subsection (a) for evaluating foster care providers.          (c)  The department shall evaluate available nationally   recognized psychological examination and evaluation tools to   determine the appropriate examination or evaluation tool for   purposes of this section.          SECTION 2.  Section 42.064, Human Resources Code, as added   by this Act, applies only to a child placed in a foster home or an   adoptive home on or after the effective date of this Act. A child   placed in a foster home or an adoptive home before the effective   date of this Act is governed by the law in effect at the time the   child was placed in the foster home or adoptive home, and the former   law is continued in effect for that purpose.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2011.