1-1  By:  Zaffirini                                         S.B. No. 267
    1-2        (In the Senate - Filed February 4, 1993; February 8, 1993,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; February 23, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 0;
    1-6  February 23, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth                                      x   
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 267                By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the certification of births and to birth certificates.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Section 192.003,  Health and Safety Code, is
   1-24  amended to read as follows:
   1-25        Sec. 192.003.  Birth Certificate Filed or Birth Reported.
   1-26  (a)  The physician, midwife, or person acting as a midwife in
   1-27  attendance at a birth shall file the birth certificate with the
   1-28  local registrar of the registration district in which the birth
   1-29  occurs.
   1-30        (b)  If a birth occurs in a hospital or birthing center, the
   1-31  hospital administrator, the birthing center administrator, or a
   1-32  designee of the appropriate administrator may file the birth
   1-33  certificate in lieu of a person listed by Subsection (a).
   1-34        (c)  If there is no physician, midwife, or person acting as a
   1-35  midwife in attendance at a birth and if the birth does not occur in
   1-36  a hospital or birthing center, the following in the order listed
   1-37  shall report the birth to the local registrar:
   1-38              (1)  the father or mother of the child; or
   1-39              (2)  the owner or householder of the premises where the
   1-40  birth occurs <if the birth does not occur in an institution, or the
   1-41  manager or superintendent of the institution in which the birth
   1-42  occurs>.
   1-43        (d) <(c)>  A person required to file a birth certificate or
   1-44  report a birth shall file the certificate or make the report not
   1-45  later than the fifth day after the date of the birth.
   1-46        SECTION 2.  Subsection (a), Section 192.004, Health and
   1-47  Safety Code, is amended to read as follows:
   1-48        (a)  The local registrar shall obtain the information
   1-49  necessary to prepare the birth certificate from the person
   1-50  reporting a birth or from another person with the required
   1-51  knowledge if:
   1-52              (1)  the birth is reported under Section 192.003(c)
   1-53  <192.003(b)>; or
   1-54              (2)  a person <physician, midwife, or person acting as
   1-55  a midwife>  who files a certificate under Section 192.003(a) or
   1-56  192.003(b) cannot by diligent inquiry obtain an item of information
   1-57  required for the certificate.
   1-58        SECTION 3.  Subsection (g), Section 81.090, Health and Safety
   1-59  Code, is repealed.
   1-60        SECTION 4.  This Act takes effect September 1, 1993.
   1-61        SECTION 5.  The importance of this legislation and the
   1-62  crowded condition of the calendars in both houses create an
   1-63  emergency and an imperative public necessity that the
   1-64  constitutional rule requiring bills to be read on three several
   1-65  days in each house be suspended, and this rule is hereby suspended.
   1-66                               * * * * *
   1-67                                                         Austin,
   1-68  Texas
    2-1                                                         February 23,
    2-2  1993
    2-3  Hon. Bob Bullock
    2-4  President of the Senate
    2-5  Sir:
    2-6  We, your Committee on Health and Human Services to which was
    2-7  referred S.B. No. 267, have had the same under consideration, and I
    2-8  am instructed to report it back to the Senate with the
    2-9  recommendation that it do not pass, but that the Committee
   2-10  Substitute adopted in lieu thereof do pass and be printed.
   2-11                                                         Ellis,
   2-12  Vice-Chair
   2-13                               * * * * *
   2-14                               WITNESSES
   2-15                                                  FOR   AGAINST  ON
   2-16  ___________________________________________________________________
   2-17  Name:  Richard Bays                                            x
   2-18  Representing:  TX Dept. of Health
   2-19  City:  Austin
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