By Talton H.B. No. 910
74R1688 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to identifying certain fathers who are not named on the
1-3 birth certificate and establishing their paternity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 192.003, Health and Safety Code, is
1-6 amended by amending Subsection (d), as added by Section 1, Chapter
1-7 519, Acts of the 73rd Legislature, Regular Session, 1993, and
1-8 Subsections (e) and (f) to read as follows:
1-9 (e) If the mother of the child is not married to the father
1-10 of the child, a person listed by Subsection (a) or (b) who is
1-11 responsible for filing the birth certificate shall <(d) On the
1-12 birth of a child, the hospital, physician, midwife, or person
1-13 acting as a midwife in attendance or their designee at a birth
1-14 may>:
1-15 (1) provide an opportunity for the child's mother and
1-16 biological father to sign the birth certificate or a form
1-17 prescribed by the department in which the biological father
1-18 consents to be named as the child's father on the child's birth
1-19 certificate; and
1-20 (2) provide written information about establishing
1-21 paternity, including an explanation of the rights and
1-22 responsibilities of acknowledging paternity and information about
1-23 the availability of <, including an application for> child support
1-24 services, <furnished by the attorney general,> to the child's
2-1 mother and the father, if present <regarding the benefits of having
2-2 her child's paternity established and of the availability of
2-3 paternity establishment services>.
2-4 (f) <(e)> The local registrar shall transmit signed consent
2-5 forms to the state registrar.
2-6 (g) <(f)> The state registrar shall transmit signed consent
2-7 forms to the attorney general who may use such forms for any
2-8 purpose directly connected with the provision of child support
2-9 services pursuant to Chapter 76, Human Resources Code.
2-10 SECTION 2. Section 192.005, Health and Safety Code, is
2-11 amended by adding Subsection (e) to read as follows:
2-12 (e) If the items relating to the child's father are not
2-13 completed on a birth certificate filed with the state registrar,
2-14 the child's mother shall provide information requested by the
2-15 attorney general to identify any person who may be the child's
2-16 father.
2-17 SECTION 3. Section 13.015, Family Code, is amended to read
2-18 as follows:
2-19 Sec. 13.015. Assistance of Attorney General. On
2-20 notification by the state registrar under Section 192.005(d),
2-21 Health and Safety Code, that the items relating to the child's
2-22 father are not completed on a birth certificate filed with the
2-23 state registrar, the attorney general may <provide to>:
2-24 (1) provide to the child's mother and, if possible,
2-25 the man claiming to be the child's biological father written
2-26 information necessary for the man to complete a statement of
2-27 paternity as provided by Section 13.22 of this code; <and>
3-1 (2) provide to the child's mother written information:
3-2 (A) explaining the benefits of having the
3-3 child's paternity established; and
3-4 (B) regarding the availability of paternity
3-5 establishment and child support enforcement services; and
3-6 (3) request the child's mother to identify any person
3-7 who may be the child's father.
3-8 SECTION 4. This Act takes effect September 1, 1995, and
3-9 applies only to a birth certificate filed on or after that date.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.