89th Legislature Regular Session

HB 141

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 141 seeks to adopt the revised Interstate Compact for the Placement of Children (ICPC) into Texas law, replacing the existing compact currently codified in the Texas Family Code. The ICPC is a formal agreement among states designed to regulate the placement of children across state lines in situations involving foster care, adoption, or other custodial arrangements. This updated version of the compact aims to modernize the legal framework and processes governing such placements, making them more efficient, transparent, and focused on the child’s best interest.

The revised compact, as laid out in HB 141, creates clear and uniform definitions for terms like “approved placement,” “home study,” and “provisional placement,” and outlines a structured process for evaluating prospective placements. It strengthens cooperation between states by requiring ongoing communication, shared responsibility, and uniform data collection. The bill also establishes an Interstate Commission for the Placement of Children, which will have the authority to promulgate rules, enforce compliance, and oversee the compact’s administration across all member states.

Importantly, the compact includes provisions to safeguard the legal rights of both the sending and receiving states while also considering the needs of Indian tribes and maintaining consistency with federal child welfare laws. By entering into this updated compact, Texas would reinforce its commitment to protecting vulnerable children, facilitating timely placements, and ensuring that interstate transfers are handled with due care and legal oversight.

The Committee Substitute for HB 141 refines and builds upon the originally filed version of the bill without altering its core purpose: adopting the revised Interstate Compact for the Placement of Children (ICPC) into Texas law. The primary differences between the two versions lie in technical improvements, organizational clarity, and stylistic precision rather than in substantive policy shifts.

One of the most notable changes in the substitute version is the improvement in drafting clarity. The Committee Substitute updates statutory references, eliminates outdated terminology, and better integrates the compact into the structure of the Texas Family Code. For example, references to state officials were modernized—replacing “governor” with “executive commissioner of the Health and Human Services Commission” to reflect current administrative responsibilities more accurately. The substitute also improves the presentation and formatting of definitions and procedural elements, aligning them more consistently with Texas legislative drafting conventions.

Additionally, the substitute better structures the conforming amendments to related statutes. While both versions repeal outdated sections and revise article references to reflect the new compact (e.g., replacing Article V with Article VII in the relevant Family Code sections), the substitute presents these changes with greater legal clarity and internal consistency. These edits ensure that the revised compact integrates seamlessly into existing law and that future statutory interpretation remains coherent.

Overall, the Committee Substitute for HB 141 maintains the intent and content of the original bill but enhances its readability, legal precision, and alignment with Texas legislative standards. These revisions help facilitate smoother implementation and reduce ambiguity as Texas transitions from the old compact framework to the revised ICPC.
Author
Christian Manuel
Angelia Orr
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 141 are minimal. The bill is not expected to have a significant fiscal impact on the State of Texas. Although the legislation adopts the revised Interstate Compact for the Placement of Children (ICPC), which may involve adjustments in administrative processes and reporting procedures, any costs associated with implementing the revised compact are assumed to be absorbable within the current appropriations of the affected state agencies.

Specifically, agencies such as the Department of Family and Protective Services (DFPS), the Health and Human Services Commission (HHSC), the Office of Court Administration (OCA), and the Comptroller of Public Accounts are not projected to require additional funding to comply with the provisions of the bill. This suggests that the bill’s requirements—such as data collection, communication between states, and oversight of child placements—can be managed within existing operational capacities and budgets.

Furthermore, the legislation is also not anticipated to impose any fiscal burden on local governments. This means counties, municipalities, and other local entities involved in the child welfare system will not incur new costs as a result of Texas entering into the revised compact.

Overall, the bill presents a low-cost pathway to aligning Texas with updated national standards for interstate child placement, enhancing administrative uniformity and accountability without creating new budgetary pressures for the state or local jurisdictions.

Vote Recommendation Notes

HB 141 represents a timely and necessary modernization of Texas's legal framework for the interstate placement of children. It adopts the revised Interstate Compact for the Placement of Children (ICPC), replacing the outdated version originally developed in the 1960s. The revised compact creates more consistent, efficient, and accountable processes for placing children across state lines—particularly those in foster care, adoption, or other custodial situations. The bill ensures that Texas remains an effective participant in national child welfare cooperation and allows the state to help shape the rules and standards of the revised compact by joining as one of the founding 35 states.

A common concern with interstate compacts or administrative reforms is whether they increase the size and scope of government. In this case, the answer is clearly no. HB 141 does not create new state agencies, expand enforcement powers, or assign additional authority beyond what the current compact already entails. Instead, it streamlines existing responsibilities and clarifies the roles of agencies like the Department of Family and Protective Services (DFPS) and the Health and Human Services Commission (HHSC), aligning terminology with current structures. It replaces outdated language and removes obsolete penalties without increasing regulatory burdens. Participation in the compact remains voluntary and subject to state oversight, including the ability to withdraw if necessary.

Additionally, there is no new cost to taxpayers. The Legislative Budget Board has confirmed that HB 141 has no significant fiscal implication to the state. All anticipated implementation costs are expected to be absorbed within existing agency budgets, and there is no impact on local governments. The bill does not create new taxes, fees, or appropriations. Its administrative improvements are built into current systems and staffing.

In summary, HB 141 supports limited government by updating and clarifying Texas’s role in an essential child welfare process without creating new bureaucracy or imposing fiscal burdens. It promotes personal responsibility and accountability across state lines, protects vulnerable children by ensuring safe and timely placements, and enhances interstate cooperation while respecting state sovereignty. The bill is fiscally responsible, legally precise, and operationally beneficial for Texas and its most at-risk populations. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 141.

  • Individual Liberty: The bill enhances individual liberty by promoting a child’s right to be placed in a safe, timely, and stable home—regardless of state boundaries. It standardizes processes across states, reducing delays and uncertainty that can prolong instability for children and families. By ensuring transparent and uniform procedures, the bill also protects the due process rights of birth parents, adoptive families, and legal guardians involved in cross-state placements. Importantly, it respects the autonomy of Indian tribes by including provisions for cooperative guidelines under federal law.
  • Personal Responsibility: The bill reinforces personal responsibility by clarifying the duties of public and private child placing agencies, both in Texas and other states. It mandates that states follow through on placement evaluations, supervision, and legal compliance, holding each jurisdiction accountable for its role. This shared framework discourages neglect, miscommunication, and bureaucratic delays, encouraging responsible behavior from all parties involved in a child’s placement—agencies, courts, and caregivers alike​.
  • Free Enterprise: Although the compact involves regulatory procedures, it does not restrict the role of private child placing agencies. Instead, it creates a fairer and more predictable legal environment for them to operate across state lines. The bill enables private agencies to coordinate with their public counterparts under clear, uniform standards, which can reduce legal liability and improve service delivery. By balancing regulation with freedom to operate, it supports a competitive and transparent environment for adoption and child placement services.
  • Private Property Rights: While the bill does not directly concern property ownership, it upholds important legal principles that are adjacent to property rights—namely, parental and custodial rights. It ensures that children are not placed into homes or facilities without informed consent and clear authority. For example, the bill prohibits placements in a receiving state without approval from that state’s child placing agency, protecting families from unlawful or forced arrangements.
  • Limited Government: The bill exemplifies limited government in action. It does not create new bureaucracies within Texas but instead restructures an existing interstate agreement to function more effectively. It maintains local jurisdiction over custody cases while improving cooperation between states. Most importantly, it does not increase the size or power of state agencies, and it includes provisions for state withdrawal from the compact if participation becomes undesirable. The bill also prevents redundant administrative burdens by coordinating efforts with other interstate compacts, such as those for adoption or juvenile justice.
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