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A BILL TO BE ENTITLED
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AN ACT
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relating to a delayed birth certificate; providing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.027(a), Health and Safety Code, is |
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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 county probate court of the county in which the birth |
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occurred, or in the county probate court of the county in which the |
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person resides, for an order establishing a record of the person's |
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date of birth, place of birth, and parentage. |
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SECTION 2. 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 county probate court may appoint an attorney ad litem in a |
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proceeding under Section 192.027 to represent the interests of the |
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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 3. This Act takes effect September 1, 2015. |