2005S0111-1  01/24/05


By:  Zaffirini                                                    S.B. No. 271


A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a certificate of birth resulting in 
stillbirth on request of a parent.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 192, Health and Safety 
Code, is amended by adding Section 192.0022 to read as follows:
	Sec. 192.0022.  CERTIFICATE OF BIRTH RESULTING IN 
STILLBIRTH.  (a)  In this section:
		(1)  "Stillbirth" means an unintended, intrauterine 
fetal death occurring in this state after a gestational age of not 
less than twenty completed weeks.
		(2)  "Certificate of birth resulting in stillbirth" 
means a birth certificate issued to record the birth of a stillborn 
child.
	(b)  The person who is required to file a fetal death 
certificate under Section 193.002 shall advise the parent or 
parents of a stillborn child:
		(1)  that a parent may, but is not required to, request 
the preparation of a certificate of birth resulting in stillbirth;
		(2)  that a parent may obtain a certificate of birth 
resulting in stillbirth by contacting the Department of State 
Health Services Vital Statistics Unit to request the certificate 
and paying the required fee; and
		(3)  regarding the way or ways in which a parent may 
contact the Department of State Health Services Vital Statistics 
Unit to request the certificate.
	(c)  A parent may provide a name for a stillborn child on the 
request for a certificate of birth resulting in stillbirth.  The 
person who prepares the certificate shall leave blank any 
references to the stillborn child's name if the requesting parent 
does not wish to provide a name.
	(d)  The department shall prescribe the form and content of a 
certificate of birth resulting in stillbirth and shall specify the 
information necessary to prepare the certificate.
	(e)  A parent may request the Department of State Health 
Services Vital Statistics Unit to issue a certificate of birth 
resulting in stillbirth without regard to the date on which the 
fetal death certificate was issued.
	(f)  The executive commissioner of the Health and Human 
Services Commission may adopt rules necessary to administer this 
section.
	SECTION 2.  Not later than the 60th day following the 
effective date of this Act, the Department of State Health Services 
Vital Statistics Unit shall prescribe the form and content of a 
certificate of birth resulting in stillbirth and specify the 
information necessary to prepare the certificate as required by 
Section 192.0022, Health and Safety Code, as added by this Act.
	SECTION 3.  A parent may request the Department of State 
Health Services Vital Statistics Unit to prepare and issue a 
certificate of birth resulting in stillbirth without regard to 
whether the fetal death occurred on, before, or after the effective 
date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.