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A BILL TO BE ENTITLED
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AN ACT
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relating to birth records of adopted persons; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.008, Health and Safety Code, is |
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amended by amending Subsections (c) and (d) and adding Subsections |
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(g) and (h) to read as follows: |
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(c) The executive commissioner shall adopt rules and |
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procedures consistent with this section to ensure that birth |
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records and indexes under the control of the department or local |
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registrars and accessible to the general public do not contain |
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information or cross-references through which the confidentiality |
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of adoption placements may be directly or indirectly violated. The |
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rules and procedures may not interfere with the registries |
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established under Subchapter E, Chapter 162, Family Code, or with a |
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court order under this section. |
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(d) Except as provided by Subsections (e), [and] (f), and |
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(g), only the court that granted the adoption may order access to an |
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original birth certificate and the filed documents on which a |
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supplementary certificate is based. |
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(g) The state registrar shall on written request provide to |
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a person who was adopted or, if the adopted person is deceased, an |
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adult descendant, adult sibling, surviving spouse, or adoptive |
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parent of the adopted person, a noncertified copy of the person's |
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original birth certificate without obtaining a court order if: |
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(1) the adopted person was born in this state; |
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(2) the request is made on or after the adopted |
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person's 18th birthday; |
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(3) a supplementary birth certificate was issued for |
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the adopted person; and |
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(4) the person requesting the noncertified copy of |
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the original birth certificate provides, in person or by mail, |
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appropriate proof of the person's identity. |
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(h) For a noncertified copy of the person's original birth |
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certificate provided under Subsection (g), the state registrar |
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shall collect a fee in an amount equal to the fee charged for |
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issuance of a noncertified copy of a birth certificate and issue the |
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copy within the time prescribed for issuance of other noncertified |
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copies of birth certificates. |
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SECTION 2. Notwithstanding Sections 192.008(g) and (h), |
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Health and Safety Code, as added by this Act, the state registrar is |
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not required to comply with those provisions until July 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |