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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing of birth certificates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.003, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (f) and (g) to read as follows: |
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(a) The physician or other health care practitioner [,
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midwife, or person acting as a midwife] in attendance at a birth |
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shall certify and have filed [file] the birth certificate with the |
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local registrar of the registration district in which the birth |
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occurs. |
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(b) If a birth occurs in a hospital or birthing center, the |
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hospital administrator, the birthing center administrator, or a |
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designee of the appropriate administrator may file the birth |
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certificate certified by the physician or other health care |
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practitioner under [in lieu of a person listed by] Subsection (a). |
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(c) If a physician or other health care practitioner is not |
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[there is no physician, midwife, or person acting as a midwife] in |
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attendance at a birth, a person in attendance at the birth shall |
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file the birth certificate. The local registrar of a registration |
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district may not accept a birth certificate filed under this |
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subsection unless the person filing the certificate presents to the |
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registrar: |
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(1) the sworn affidavit of a person in attendance at |
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the birth stating that the child was born in this state; and |
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(2) the sworn affidavit of a physician, physician |
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assistant, advanced practice nurse, or midwife attesting to the |
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approximate age of the child [and if the birth does not occur in a
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hospital or birthing center, the following in the order listed
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shall report the birth to the local registrar:
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[(1) the father or mother of the child; or
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[(2)
the owner or householder of the premises where
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the birth occurs]. |
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(f) The department may prescribe the form and contents of |
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the affidavits required under Subsection (c). |
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(g) In this subsection, "health care practitioner" means an |
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individual who holds a license, certificate, registration, title, |
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permit, or other authorization that authorizes the individual to |
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engage in a health care profession in this state. |
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SECTION 2. Section 192.003, Health and Safety Code, as |
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amended by this Act, applies only to a birth certificate filed on or |
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after September 1, 2007. A birth certificate filed before |
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September 1, 2007, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for this purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |