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                                                                  S.B. No. 271




AN ACT
relating to the issuance of a certificate of birth resulting in stillbirth on request of a parent. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 192, Health and Safety Code, is amended by adding Section 192.0022 to read as follows: Sec. 192.0022. CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. (a) In this section: (1) "Stillbirth" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than 20 completed weeks. (2) "Certificate of birth resulting in stillbirth" means a birth certificate issued to record the birth of a stillborn child. (b) The person who is required to file a fetal death certificate under Section 193.002 shall advise the parent or parents of a stillborn child: (1) that a parent may, but is not required to, request the preparation of a certificate of birth resulting in stillbirth; (2) that a parent may obtain a certificate of birth resulting in stillbirth by contacting the bureau of vital statistics to request the certificate and paying the required fee; and (3) regarding the way or ways in which a parent may contact the bureau of vital statistics to request the certificate. (c) A parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. If the requesting parent does not wish to provide a name, the bureau of vital statistics shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the parent. The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as placed on the original or amended fetal death certificate. (d) A certificate of birth resulting in stillbirth must include the state file number of the corresponding fetal death certificate. (e) The department shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. (f) The bureau of vital statistics may not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (g) On issuance of a certificate of birth resulting in stillbirth to a parent who has requested the certificate as provided by this section, the bureau of vital statistics shall file an exact copy of the certificate with the local registrar of the registration district in which the stillbirth occurred. The local registrar shall file the certificate of birth resulting in stillbirth with the fetal death certificate. (h) A parent may request the bureau of vital statistics to issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death certificate was issued. (i) The executive commissioner of the Health and Human Services Commission may adopt rules necessary to administer this section. SECTION 2. Not later than the 60th day following the effective date of this Act, the bureau of vital statistics of the Department of State Health Services shall prescribe the form and content of a certificate of birth resulting in stillbirth and specify the information necessary to prepare the certificate as required by Section 192.0022, Health and Safety Code, as added by this Act. SECTION 3. A parent may request the bureau of vital statistics of the Department of State Health Services to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on, before, or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 271 passed the Senate on March 29, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 271 passed the House on May 25, 2005, by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor