1-1 By: Zaffirini S.B. No. 277
1-2 (In the Senate - Filed February 5, 1993; February 8, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; February 23, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; February 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to reporting a finding of paternity to the State Registrar
1-20 of Vital Statistics.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subchapter A, Chapter 192, Health and Safety
1-23 Code, is amended by adding Section 192.0051 to read as follows:
1-24 Sec. 192.0051. CERTIFICATE OF PATERNITY. (a) A declaration
1-25 of each determination of paternity in this state shall be filed
1-26 with the state registrar.
1-27 (b) On a determination of paternity, the petitioner shall
1-28 provide the clerk of the court in which the decree was granted with
1-29 the information necessary to prepare the declaration. The clerk
1-30 shall:
1-31 (1) prepare the declaration on a form provided by the
1-32 department; and
1-33 (2) complete the declaration immediately after the
1-34 decree becomes final.
1-35 (c) Not later than the 10th day of each month, the clerk of
1-36 the court shall forward to the state registrar a declaration for
1-37 each decree that became final in that court during the preceding
1-38 month.
1-39 SECTION 2. Section 13.43, Family Code, is amended to read as
1-40 follows:
1-41 Sec. 13.43. BIRTH CERTIFICATE. (a) A declaration of each
1-42 determination of paternity decreed in this state shall be filed
1-43 with the state registrar.
1-44 (b) On a determination of paternity, the petitioner shall
1-45 provide the clerk of the court in which the decree was granted with
1-46 the information necessary to prepare the declaration. The clerk
1-47 shall:
1-48 (1) prepare the declaration on a form provided by the
1-49 Texas Department of Health; and
1-50 (2) complete the declaration immediately after the
1-51 decree becomes final.
1-52 (c) Not later than the 10th day of each month, the clerk of
1-53 the court shall forward to the state registrar a declaration for
1-54 each decree that became final in that court during the preceding
1-55 month <On a determination of paternity, the clerk of the court,
1-56 unless directed otherwise by the court, shall transmit a copy of
1-57 the decree to the State Registrar of Vital Statistics>.
1-58 (d) The decree shall state the name of the child.
1-59 (e) The state registrar shall substitute for the original a
1-60 new birth certificate based on the decree in accordance with the
1-61 provisions of the laws which permit the correction or substitution
1-62 of birth certificates for adopted children or children presumed to
1-63 be the biological children by the subsequent marriage of their
1-64 parents and in accordance with the rules adopted <and regulations
1-65 promulgated> by the Texas Board <State Department> of Health.
1-66 (f) The new certificate may not show that the father and
1-67 child relationship was established after the child's birth but may
1-68 show the actual place and date of birth.
2-1 SECTION 3. This Act takes effect September 1, 1993.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 February 23,
2-11 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on Health and Human Services to which was
2-16 referred S.B. No. 277, have had the same under consideration, and I
2-17 am instructed to report it back to the Senate with the
2-18 recommendation that it do pass and be printed.
2-19 Ellis,
2-20 Vice-Chair
2-21 * * * * *
2-22 WITNESSES
2-23 FOR AGAINST ON
2-24 ___________________________________________________________________
2-25 Name: Richard Bays x
2-26 Representing: Texas Dept. of Health
2-27 City: Austin
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