Bill Text: TX HB2794 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a delayed birth certificate; creating a criminal offense.
Spectrum: Slight Partisan Bill (Republican 34-12)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB2794 Detail]
Download: Texas-2015-HB2794-Introduced.html
Bill Title: Relating to a delayed birth certificate; creating a criminal offense.
Spectrum: Slight Partisan Bill (Republican 34-12)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB2794 Detail]
Download: Texas-2015-HB2794-Introduced.html
84R9530 AJZ-D | ||
By: Farney | H.B. No. 2794 |
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relating to a delayed birth certificate; providing a criminal | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 192.027(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) If a delayed birth certificate is not accepted for | ||
registration by the state registrar, the person may file a petition | ||
in the county probate court of the county in which the birth | ||
occurred, or in the county probate court of the county in which the | ||
person resides, for an order establishing a record of the person's | ||
date of birth, place of birth, and parentage. | ||
SECTION 2. Subchapter B, Chapter 192, Health and Safety | ||
Code, is amended by adding Sections 192.028 and 192.029 to read as | ||
follows: | ||
Sec. 192.028. APPOINTMENT OF ATTORNEY AD LITEM. A judge of | ||
a county probate court may appoint an attorney ad litem in a | ||
proceeding under Section 192.027 to represent the interests of the | ||
person seeking the delayed birth certificate. | ||
Sec. 192.029. REFUSAL TO SIGN AFFIDAVIT OF PERSONAL | ||
KNOWLEDGE. (a) A parent of a person who is seeking a delayed birth | ||
certificate under this subchapter shall sign an affidavit of | ||
personal knowledge acknowledging that the individual is the parent | ||
of the person seeking the delayed birth certificate if: | ||
(1) the person seeking a delayed birth certificate, a | ||
managing conservator or guardian of the person, or, if the person is | ||
a minor, another person with custody of the minor has requested the | ||
person's parent to sign the affidavit of personal knowledge; and | ||
(2) the parent's affidavit of personal knowledge is | ||
necessary for the issuance of the birth certificate because the | ||
person seeking the delayed birth certificate is unable to provide | ||
sufficient alternative documentary evidence as required by Section | ||
192.025. | ||
(b) A parent shall sign an affidavit as described by | ||
Subsection (a) not later than the 30th day after the date a request | ||
is made as described by Subsection (a)(1). | ||
(c) A person who is a parent of a person seeking a delayed | ||
birth certificate and who fails to sign an affidavit of personal | ||
knowledge as required by this section: | ||
(1) commits an offense punishable as a Class B | ||
misdemeanor if the request under Subsection (a)(1) is made on or | ||
after the fourth anniversary of the date of birth but before the | ||
15th anniversary of the date of birth; or | ||
(2) commits an offense punishable as a Class A | ||
misdemeanor if the request under Subsection (a)(1) is made on or | ||
after the 15th anniversary of the date of birth. | ||
SECTION 3. This Act takes effect September 1, 2015. |