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AN ACT
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relating to a delayed birth certificate; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.026(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) On the state registrar's refusal to register a |
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certificate under Subsection (a), the state registrar shall: |
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(1) furnish the applicant a statement of the reasons |
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for the refusal; and |
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(2) advise the applicant of the right to appeal to the |
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statutory probate [county] court or district court in [for probate
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matters of] the county in which the birth occurred, or in the |
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statutory probate court or district court in the county in which the |
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person resides, as provided by Section 192.027. |
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SECTION 2. Sections 192.027(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) If a delayed birth certificate is not accepted for |
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registration by the state registrar, the person may file a petition |
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in the statutory [county] probate court or district court in |
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[of] |
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the county in which the birth occurred, or in the statutory probate |
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court or district court in the county in which the person resides, |
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for an order establishing a record of the person's date of birth, |
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place of birth, and parentage. |
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(b) The petition must include: |
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(1) the petitioner's: |
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(A) full name; |
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(B) place of residence; |
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(C) date of birth; |
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(D) city or town, if applicable, and county of |
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birth; |
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(E) race or ethnicity; and |
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(F) gender; |
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(2) the full name and county of birth of the |
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petitioner's father; |
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(3) the full name, including any maiden name, and |
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county of birth of the petitioner's mother; |
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(4) whether the petitioner has been the subject of a |
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final felony conviction; |
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(5) whether the petitioner is subject to the |
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registration requirements of Chapter 62, Code of Criminal |
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Procedure; and |
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(6) a legible and complete set of the petitioner's |
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fingerprints on a fingerprint card format acceptable to the |
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Department of Public Safety and the Federal Bureau of Investigation |
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[be on a form prescribed and furnished by the department]. |
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(d) If, after a hearing, the court finds from the evidence |
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submitted to the registrar and any other relevant evidence |
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presented by the person that the person was born in this state, the |
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court shall: |
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(1) make findings as to the person's date and place of |
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birth and parentage; |
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(2) make other findings required by the case; and |
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(3) enter an order on a form prescribed and furnished |
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by the department to establish a record of birth. |
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SECTION 3. Subchapter B, Chapter 192, Health and Safety |
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Code, is amended by adding Sections 192.028 and 192.029 to read as |
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follows: |
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Sec. 192.028. APPOINTMENT OF ATTORNEY AD LITEM. A judge of |
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a statutory probate court or district court may appoint an attorney |
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ad litem in a proceeding under Section 192.027 to represent the |
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interests of the person seeking the delayed birth certificate. |
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Sec. 192.029. REFUSAL TO SIGN AFFIDAVIT OF PERSONAL |
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KNOWLEDGE. (a) A parent of a person who is seeking a delayed birth |
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certificate under this subchapter shall sign an affidavit of |
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personal knowledge acknowledging that the individual is the parent |
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of the person seeking the delayed birth certificate if: |
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(1) the person seeking a delayed birth certificate, a |
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managing conservator or guardian of the person, or, if the person is |
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a minor, another person with custody of the minor has requested the |
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person's parent to sign the affidavit of personal knowledge; and |
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(2) the parent's affidavit of personal knowledge is |
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necessary for the issuance of the birth certificate because the |
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person seeking the delayed birth certificate is unable to provide |
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sufficient alternative documentary evidence as required by Section |
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192.025. |
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(b) A parent shall sign an affidavit as described by |
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Subsection (a) not later than the 30th day after the date a request |
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is made as described by Subsection (a)(1). |
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(c) A person who is a parent of a person seeking a delayed |
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birth certificate and who fails to sign an affidavit of personal |
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knowledge as required by this section: |
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(1) commits an offense punishable as a Class B |
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misdemeanor if the request under Subsection (a)(1) is made on or |
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after the fourth anniversary of the date of birth but before the |
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15th anniversary of the date of birth; or |
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(2) commits an offense punishable as a Class A |
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misdemeanor if the request under Subsection (a)(1) is made on or |
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after the 15th anniversary of the date of birth. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2794 was passed by the House on May |
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11, 2015, by the following vote: Yeas 138, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2794 on May 27, 2015, by the following vote: Yeas 138, Nays 0, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2794 was passed by the Senate, with |
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amendments, on May 25, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |