HB 2138

bill bars discrimination in foster care on orientation and identity

Died in committee

Verdict: No flags

No flagsInitial review

Rep. Lauren Ashley SimmonsDHouse 146

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to preventing discrimination in foster care.

Caption from analyzed text · version I.

Summary

Covers sexual orientation, gender identity and gender expression in child welfare services.

The bill bars the Health and Human Services Commission, the child welfare department, foster care contractors, and any other person from discriminating against someone based on sexual orientation, gender identity, or gender expression in child welfare services. It reaches state agencies, single source continuum contractors, and anyone else involved in foster home licensing, verification, or child placement. Starting September 1, 2025, these parties could not deny or penalize a foster applicant or other person in child welfare services on those grounds.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 4488 by Rep. Wu (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 4488 by Rep. Wu (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.QUICK READ: 139 WORDS. The bill as filed runs 139 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Jan 28, 2025 and referred to the House Human Services committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB2138 · 2025-01-28

SOLD BY

Rep. Lauren Ashley SimmonsDHouse 146

ITEM

relating to preventing discrimination in foster care.

WHAT IT DOES

Covers sexual orientation, gender identity and gender expression in child welfare services.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

Jan 28, 2025Filed
Mar 14, 2025Read first time
Mar 14, 2025Referred to Human Services

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Lauren Ashley Simmons

Donors

Texas Organizing Project Political Action Committee$17K Texas Trial Lawyers Association PAC$15K Texas Sands PAC$12K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Organizing Project Political Action Committee$17,454.66

Texas Organizing Project Political Action Committee

$17,454.66

Cash: $0.00
Paid by others: $17,454.66
Total: $17,454.66

printing $10,819.39Other filed descriptions $6,635.27

Also funds 4 other sitting lawmakers.

Derived recipient stock · Sep 30, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Oct 2, 2026 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101072739.

Texas Trial Lawyers Association PAC$15,000.00

Texas Trial Lawyers Association PAC

$15,000.00

Cash: $15,000.00
Paid by others: $0.00
Total: $15,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Oct 16, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986942, 101031959, 101060742, 101072739.

Texas Sands PAC$12,000.00

Texas Sands PAC

$12,000.00

Cash: $12,000.00
Paid by others: $0.00
Total: $12,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986942, 101060742, 101072739.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texas Organizing Project Political Action Committee

$17,454.66

Cash: $0.00
Paid by others: $17,454.66
Total: $17,454.66

printing $10,819.39Other filed descriptions $6,635.27

Also funds 4 other sitting lawmakers.

Derived recipient stock · Sep 30, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Oct 2, 2026 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101072739.

Texas Trial Lawyers Association PAC

$15,000.00

Cash: $15,000.00
Paid by others: $0.00
Total: $15,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Oct 16, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986942, 101031959, 101060742, 101072739.

Texas Sands PAC

$12,000.00

Cash: $12,000.00
Paid by others: $0.00
Total: $12,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Oct 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986942, 101060742, 101072739.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 4488

by Rep. Wu, different lead author · Died in committee · same text

Introduced text

Last action, Mar 21, 2023: Referred to Human Services

Relating to preventing discrimination in foster care.

Caption, 88R bill history

Sources

Texas House · Filed Jan 28, 2025

03/14/2025 H Referred to Human Services: Mar 14 2025 2:36PM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Human Services · Final status: Died in committee

Companion

SB 2265 by Cook (identical)

Subjects

Family--Child Protection

DISCRIMINATION

FOSTER CARE

GENDER IDENTITY & EXPRESSION

FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF

HEALTH & HUMAN SERVICES COMMISSION

Text

The text as introduced · 139 words

89R1804 MLH-D

By: Simmons
H.B. No. 2138

A BILL TO BE ENTITLED

AN ACT

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.