By Goolsby                                            H.B. No. 1767
         77R5390 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain information available to adopted persons.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 192.008, Health and Safety Code, is
 1-5     amended by amending Subsection (d) and adding Subsection (f) to
 1-6     read as follows:
 1-7           (d)  Except as provided by Subsections [Subsection] (e) and
 1-8     (f), only the court that granted the adoption may order access to
 1-9     an original birth certificate and the filed documents on which a
1-10     supplementary certificate is based.
1-11           (f)  The state registrar shall make the original birth
1-12     certificate and the filed documents on which the supplementary
1-13     certificate is based available without a court order to an adopted
1-14     child at least 21 years of age, an adoptive parent, or an adult
1-15     descendant or surviving spouse of a deceased adopted child.  Except
1-16     as provided by another law or a court order, no other person may
1-17     access the original birth certificate or the filed documents on
1-18     which the supplementary certificate is based.
1-19           SECTION 2. Subchapter A, Chapter 192, Health and Safety Code,
1-20     is amended by adding Section 192.0085 to read as follows:
1-21           Sec. 192.0085.  CONTACT PREFERENCE FORM. (a)  A birth parent
1-22     who files an updated medical and genetic history may file a contact
1-23     preference form with the state registrar.
1-24           (b)  The state registrar shall deliver the medical and
 2-1     genetic history report and the contact preference form to the
 2-2     adopted child if the adopted child makes any inquiry with the state
 2-3     registrar.
 2-4           (c)  The state registrar may charge the birth parent a
 2-5     reasonable fee to cover the costs of complying with this section
 2-6     and shall keep statistics on the number of access orders received,
 2-7     letters filed, and notifications sent.
 2-8           SECTION 3. (a)  This Act takes effect January 1, 2002.
 2-9           (b)  The change in law made by this Act regarding access to
2-10     birth record information applies without regard to the date an
2-11     adoption order is rendered.