Bill Text: TX HB4044 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation and optional filing of a record of life for an unborn child and the use of a certificate of stillbirth; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Public Health [HB4044 Detail]
Download: Texas-2023-HB4044-Introduced.html
88R4083 MCF-F | ||
By: Bonnen | H.B. No. 4044 |
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relating to the creation and optional filing of a record of life for | ||
an unborn child and the use of a certificate of stillbirth; | ||
authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 192, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 192. BIRTH AND LIFE RECORDS | ||
SECTION 2. Subchapter A, Chapter 192, Health and Safety | ||
Code, is amended by adding Section 192.0023 to read as follows: | ||
Sec. 192.0023. OPTIONAL REGISTRATION OF LIFE; LIFE | ||
CERTIFICATE. (a) In this section, "unborn child" has the meaning | ||
assigned by Section 171.061. | ||
(b) An unborn child's parent who is a resident of this state | ||
at the parent's discretion may request the preparation of a life | ||
certificate for the unborn child before the unborn child's birth. | ||
(c) The department shall prescribe the form and content of | ||
the life certificate and shall specify the information necessary to | ||
prepare the certificate. The form must include separate spaces for | ||
recording: | ||
(1) the name of the unborn child; | ||
(2) the date the unborn child's life is acknowledged; | ||
and | ||
(3) the date the unborn child is born. | ||
(d) The parent who requests the life certificate may provide | ||
a name for the unborn child to be listed on the life certificate. If | ||
the parent does not wish to provide a name, the vital statistics | ||
unit shall fill in the certificate with the name "baby boy" or "baby | ||
girl" and the last name of the parent. | ||
(e) On request of an unborn child's parent, a physician or | ||
advanced practice registered nurse shall file the life certificate | ||
with the local registrar of the registration district in which the | ||
parent resides. The life certificate must be accompanied by an | ||
affidavit signed by the physician or nurse attesting to the life of | ||
the unborn child based on a sonogram or other appropriate physical | ||
examination of the unborn child's mother. | ||
(f) A parent may request an amendment to the life | ||
certificate after the child's birth to add the child's date of birth | ||
or add or amend the child's name. | ||
(g) A local registrar shall collect, record, preserve, | ||
search for, issue copies of, and assess copy fees for a life | ||
certificate in the same manner as provided for birth certificates | ||
and in accordance with department rules. | ||
(h) The parents of an unborn child may use the life | ||
certificate of an unborn child filed under this section in the same | ||
manner and for the same purposes provided for birth certificates | ||
under law and as provided by department rules. | ||
(i) The executive commissioner shall adopt rules to | ||
implement this section. | ||
SECTION 3. Section 192.0022(f), Health and Safety Code, is | ||
repealed. | ||
SECTION 4. This Act takes effect September 1, 2023. |