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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and optional filing of a record of life for |
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an unborn child and the use of a certificate of stillbirth; |
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authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 192, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 192. BIRTH AND LIFE RECORDS |
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SECTION 2. Subchapter A, Chapter 192, Health and Safety |
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Code, is amended by adding Section 192.0023 to read as follows: |
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Sec. 192.0023. OPTIONAL REGISTRATION OF LIFE; LIFE |
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CERTIFICATE. (a) In this section, "unborn child" has the meaning |
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assigned by Section 171.061. |
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(b) An unborn child's parent at the parent's discretion may, |
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if the parent resides in this state, request a life certificate for |
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the unborn child under this section before the unborn child's |
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birth. |
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(c) The department shall prescribe the form and content of |
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the life certificate and shall specify the information necessary to |
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prepare the certificate. The form must include separate spaces for |
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recording: |
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(1) the name of the unborn child; |
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(2) the date the unborn child's life is acknowledged; |
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and |
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(3) the date the unborn child is born. |
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(d) The parent who requests the life certificate may provide |
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a name for the unborn child to be listed on the life certificate. If |
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the parent does not wish to provide a name, the vital statistics |
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unit shall fill in the certificate with the name "baby boy" or "baby |
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girl" and the last name of the parent. |
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(e) On request of an unborn child's parent, a physician or |
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advanced practice registered nurse shall file the life certificate |
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with the local registrar of the registration district in which the |
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parent resides. The life certificate must be accompanied by an |
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affidavit signed by the physician or nurse attesting to the life of |
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the unborn child based on a sonogram or other appropriate physical |
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examination of the unborn child's mother. |
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(f) A parent may request an amendment to the life |
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certificate after the unborn child's birth to add the child's date |
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of birth or add or amend the child's name. |
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(g) A local registrar shall collect, record, preserve, |
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search for, issue copies of, and assess copy fees for a life |
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certificate in the same manner as provided for birth certificates |
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and in accordance with department rules. |
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(h) The parents of an unborn child may use the life |
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certificate of an unborn child filed under this section in the same |
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manner and for the same purposes provided for birth certificates |
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under law and as provided by department rules. |
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(i) The executive commissioner shall adopt rules to |
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implement this section. |
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SECTION 3. Section 192.0022(f), Health and Safety Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2021. |