Bill Text: TX HB2794 | 2015-2016 | 84th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Farney, et al. (Senate Sponsor - Zaffirini) | H.B. No. 2794 | |
(In the Senate - Received from the House May 12, 2015; | ||
May 13, 2015, read first time and referred to Committee on State | ||
Affairs; May 22, 2015, reported favorably by the following vote: | ||
Yeas 7, Nays 0; May 22, 2015, sent to printer.) | ||
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relating to a delayed birth certificate; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.0021(b), Government Code, is amended | ||
to read as follows: | ||
(b) A statutory probate court as that term is defined in | ||
Section 22.007, Estates [ |
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(1) the general jurisdiction of a probate court as | ||
provided by the Estates [ |
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(2) the jurisdiction provided by law for a county | ||
court to hear and determine actions, cases, matters, or proceedings | ||
instituted under: | ||
(A) Section 166.046, [ |
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552.015, 552.019, 711.004, or 714.003, Health and Safety Code; | ||
(B) Chapter 462, Health and Safety Code; or | ||
(C) Subtitle C or D, Title 7, Health and Safety | ||
Code. | ||
SECTION 2. Section 192.026(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) On the state registrar's refusal to register a | ||
certificate under Subsection (a), the state registrar shall: | ||
(1) furnish the applicant a statement of the reasons | ||
for the refusal; and | ||
(2) advise the applicant of the right to appeal to the | ||
district [ |
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with jurisdiction over the county in which the person resides, as | ||
provided by Section 192.027. | ||
SECTION 3. Section 192.027, Health and Safety Code, is | ||
amended by amending Subsections (a) and (d) and adding Subsection | ||
(b-1) 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 district [ |
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the county in which the birth occurred, or in the district court | ||
with jurisdiction over 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. | ||
(b-1) The petition must include: | ||
(1) the name and place of residence of the petitioner; | ||
(2) whether the petitioner has been the subject of a | ||
final felony conviction; | ||
(3) whether the petitioner is subject to the | ||
registration requirements of Chapter 62, Code of Criminal | ||
Procedure; and | ||
(4) a legible and complete set of the petitioner's | ||
fingerprints on a fingerprint card format acceptable to the | ||
Department of Public Safety and the Federal Bureau of | ||
Investigation. | ||
(d) If, after a hearing, the court finds from the evidence | ||
submitted to the registrar and any other relevant evidence | ||
presented by the person that the person was born in this state, the | ||
court shall: | ||
(1) make findings as to the person's date and place of | ||
birth and parentage; | ||
(2) make other findings required by the case; and | ||
(3) enter an order on a form prescribed and furnished | ||
by the department to establish a record of birth. | ||
SECTION 4. 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 district 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 5. This Act takes effect September 1, 2015. | ||
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