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A BILL TO BE ENTITLED
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AN ACT
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relating to birth records of children born in this state; creating |
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an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.002, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) The form must include a space for recording the |
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citizenship status of the mother and father. |
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SECTION 2. Subchapter A, Chapter 192, Health and Safety |
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Code, is amended by adding Sections 192.0023 and 192.0024 to read as |
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follows: |
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Sec. 192.0023. BIRTH CERTIFICATES ISSUED FOR CITIZENS. (a) |
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In this section, "alien" means a person who is not a citizen or |
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national of the United States. |
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(b) A birth certificate may be issued for a child born in |
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this state only if the child is a citizen of the United States. If a |
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birth certificate form filed with the local registrar indicates |
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that the child is not a citizen of the United States, the local |
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registrar may issue a temporary report of alien birth under |
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Subchapter C. |
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(c) A child born in this state is a citizen of the United |
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States if the child is subject to the jurisdiction of the United |
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States. A child is subject to the jurisdiction of the United States |
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if at least one of the child's parents is: |
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(1) a United States citizen; |
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(2) a national of the United States; or |
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(3) an alien who is lawfully admitted for permanent |
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residence to and maintains the person's residence in the United |
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States. |
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(d) A child is not subject to the jurisdiction of the United |
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States if neither parent of the child is a United States citizen and |
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the child is born in the United States because a parent of the child |
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is: |
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(1) an ambassador, public minister, career diplomatic |
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or consular officer, or other diplomatic official or employee, who |
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has been accredited by a foreign government and accepted by the |
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president of the United States or the United States secretary of |
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state; |
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(2) an alien admitted to the United States as an |
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attendant, servant, personal employee, or family member of a person |
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described by Subdivision (1); |
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(3) an alien in immediate and continuous transit |
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through the United States, or entitled to pass in transit to and |
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from the United Nations headquarters district and foreign |
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countries; |
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(4) an alien crewman on a vessel or aircraft that lands |
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temporarily in the United States; |
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(5) an accredited representative of a foreign |
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government that is a member of an international organization |
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entitled to enjoy privileges, exemptions, and immunities under 22 |
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U.S.C. Section 288 et seq. (the International Organizations |
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Immunities Act), or an alien who is an officer or employee of the |
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organization; |
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(6) an alien admitted to the United States as an |
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attendant, servant, personal employee, or family member of a person |
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described by Subdivision (5); |
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(7) an alien who has a residence in a foreign country |
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and does not intend to abandon the residence and is visiting the |
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United States temporarily for business or pleasure; |
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(8) an alien who is a member on active duty of the |
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armed forces or intelligence service of a foreign state; or |
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(9) an alien who is not eligible to receive a visa and |
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who is not admissible to the United States under 8 U.S.C. Section |
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1182. |
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(e) If the birth certificate form indicates that a parent of |
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the child is a permanent resident alien, the local registrar shall |
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verify that status with the United States Department of Homeland |
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Security. |
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Sec. 192.0024. ENFORCEMENT. (a) If the state or a local |
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registrar refuses to issue a birth certificate for a child, the |
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child's parent or guardian may bring an action for declaratory |
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judgment in a district court. |
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(b) A temporary report of alien birth may be renewed for |
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periods of one year during the pendency of action under this |
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section. |
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(c) A declaratory judgment action must be commenced not |
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later than the 21st birthday of the child who is the subject of the |
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birth record. |
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(d) The attorney general shall represent the state and a |
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local registrar in an action under this section. |
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SECTION 3. Sections 192.003(a), (b), (d), and (e), Health |
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and Safety Code, are amended to read as follows: |
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(a) The physician, midwife, or person acting as a midwife in |
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attendance at a birth shall file the birth certificate form with the |
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local registrar of the registration district in which the birth |
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occurs. |
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(b) If a birth occurs in a hospital or birthing center, the |
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hospital administrator, the birthing center administrator, or a |
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designee of the appropriate administrator may file the birth |
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certificate form in lieu of a person listed by Subsection (a). |
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(d) Except as provided by Subsection (e), a person required |
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to file a birth certificate form or report a birth shall file the |
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birth certificate form or make the report not later than the fifth |
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day after the date of the birth. |
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(e) Based on a parent's religious beliefs, a parent may |
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request that a person required to file a birth certificate form or |
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report a birth delay filing the birth certificate form or making the |
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report until the parent contacts the person with the child's name. |
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If a parent does not name the child before the fifth day after the |
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date of the birth due to the parent's religious beliefs, the parent |
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must contact the person required to file the birth certificate form |
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or report the birth with the name of the child as soon as the child |
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is named. A person required to file the birth certificate form or |
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report the birth who delays filing the birth certificate form or |
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making the report in accordance with the parent's request shall |
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file the birth certificate form or make the report not later than |
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the 15th day after the date of the child's birth. |
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SECTION 4. Section 192.025(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The state registrar shall accept an application under |
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Section 192.024 if the applicant's statement of date and place of |
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birth, [and] parentage, and United States citizenship of at least |
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one parent is established to the state registrar's satisfaction by |
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the evidence required by this section. |
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SECTION 5. Chapter 192, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. BIRTH RECORDS OF PERSONS NOT SUBJECT TO THE |
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JURISDICTION OF THE UNITED STATES |
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Sec. 192.031. ISSUANCE OF TEMPORARY REPORT OF ALIEN BIRTH. |
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(a) A local registrar shall issue a temporary report of alien birth |
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if neither parent is: |
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(1) a United States citizen; |
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(2) a national of the United States; or |
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(3) an alien who is lawfully admitted for permanent |
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residence to and maintains the person's residence in the United |
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States. |
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(b) A temporary report of alien birth is valid for 180 days |
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after the date the report is issued. |
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(c) A temporary report of alien birth must include a |
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biometric identifier such as a fingerprint of both the mother and |
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the child. |
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(d) A local registrar shall provide a certified copy of the |
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temporary report of alien birth to the state registrar. |
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Sec. 192.032. DUTIES OF STATE REGISTRAR. The state |
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registrar shall: |
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(1) establish a fee to be charged by the local |
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registrar to prepare a temporary report of alien birth; |
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(2) provide a copy of a temporary report of alien birth |
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to a foreign consulate or the United States Department of State at |
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the parent's request; |
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(3) establish and operate a service center to: |
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(A) assist parents and local authorities with |
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contacting the appropriate foreign consulate; |
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(B) maintain information on foreign consular |
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requirements for reporting births in this state; and |
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(C) serve as the designated state agency |
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responsible for liaison with the United States Department of State |
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and the United States Department of Homeland Security on all |
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matters related to births of aliens in this state; and |
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(4) provide a copy of each temporary report of alien |
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birth issued in this state to the United States Immigration and |
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Customs Enforcement Bureau within five business days of receipt |
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from a local registrar. |
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Sec. 192.033. PERMANENT CERTIFICATE OF ALIEN BIRTH. (a) |
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The state registrar shall issue a permanent certificate of alien |
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birth upon: |
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(1) receipt of confirmation from either parent's |
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consulate or from the United States Department of State of the |
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citizenship status of the parent and child; and |
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(2) surrender by the parent or guardian of the |
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temporary report of alien birth. |
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(b) The state registrar shall provide notice of the denial |
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of a permanent certificate of alien birth and shall provide an |
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opportunity for an administrative appeal of a denial. |
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Sec. 192.034. AMENDMENT OF BIRTH RECORDS. Upon |
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presentation of a certificate of naturalization by a holder of a |
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permanent certificate of alien birth, a state registrar shall: |
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(1) declare the petitioner subject to the jurisdiction |
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of the United States; |
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(2) issue an amended birth certificate to the |
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petitioner; and |
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(3) amend the state birth records. |
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SECTION 6. Chapter 195, Health and Safety Code, is amended |
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by adding Section 195.006 to read as follows: |
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Sec. 195.006. MISUSE OF TEMPORARY REPORT OF ALIEN BIRTH. |
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(a) A person commits an offense if the person uses or attempts to |
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use a temporary report of alien birth as evidence to support a claim |
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of United States citizenship or legal residence in this state for a |
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child or parent named on the temporary report of alien birth. |
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(b) An offense under this section is a felony of the third |
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degree. |
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SECTION 7. Section 552.115(a), Government Code, is amended |
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to read as follows: |
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(a) A birth or death record maintained by the bureau of |
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vital statistics of the [Texas] Department of State Health Services |
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or a local registration official is excepted from the requirements |
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of Section 552.021, except that: |
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(1) a birth record is public information and available |
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to the public on and after the 75th anniversary of the date of birth |
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as shown on the record filed with the bureau of vital statistics or |
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local registration official; |
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(2) a death record is public information and available |
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to the public on and after the 25th anniversary of the date of death |
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as shown on the record filed with the bureau of vital statistics or |
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local registration official; |
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(3) a general birth index or a general death index |
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established or maintained by the bureau of vital statistics or a |
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local registration official is public information and available to |
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the public to the extent the index relates to a birth record or |
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death record that is public information and available to the public |
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under Subdivision (1) or (2); |
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(4) a summary birth index or a summary death index |
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prepared or maintained by the bureau of vital statistics or a local |
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registration official is public information and available to the |
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public; [and] |
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(5) a temporary report of alien birth is public |
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information and available to the public on and after the date of |
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expiration as shown on the record filed with the bureau of vital |
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statistics or local registration official, unless the report is the |
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subject of an action under Section 192.0024; and |
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(6) [(5)] a birth or death record is available to the |
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chief executive officer of a home-rule municipality or the |
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officer's designee if: |
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(A) the record is used only to identify a |
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property owner or other person to whom the municipality is required |
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to give notice when enforcing a state statute or an ordinance; |
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(B) the municipality has exercised due diligence |
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in the manner described by Section 54.035(e), Local Government |
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Code, to identify the person; and |
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(C) the officer or designee signs a |
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confidentiality agreement that requires that: |
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(i) the information not be disclosed |
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outside the office of the officer or designee, or within the office |
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for a purpose other than the purpose described by Paragraph (A); |
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(ii) the information be labeled as |
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confidential; |
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(iii) the information be kept securely; and |
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(iv) the number of copies made of the |
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information or the notes taken from the information that implicate |
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the confidential nature of the information be controlled, with all |
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copies or notes that are not destroyed or returned remaining |
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confidential and subject to the confidentiality agreement. |
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SECTION 8. This Act takes effect September 1, 2011. |