| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the filing of birth certificates. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 192.003, Health and Safety Code, is |
|
|
amended by amending Subsections (a) and (c) and adding Subsections |
|
|
(f) and (g) to read as follows: |
|
|
(a) The physician or other health care practitioner [,
|
|
|
midwife, or person acting as a midwife] in attendance at a birth |
|
|
shall file the birth certificate with the local registrar of the |
|
|
registration district in which the birth occurs. |
|
|
(c) If a health care practitioner is not [there is no
|
|
|
physician, midwife, or person acting as a midwife] in attendance at |
|
|
a birth, a person in attendance at the birth shall file the birth |
|
|
certificate. The local registrar of a registration district may not |
|
|
accept a birth certificate filed under this subsection unless the |
|
|
person filing the certificate presents to the registrar: |
|
|
(1) the sworn affidavit of a person in attendance at |
|
|
the birth stating that the child was born in this state; and |
|
|
(2) the sworn affidavit of a physician attesting to |
|
|
the approximate age of the child [and if the birth does not occur in
|
|
|
a hospital or birthing center, the following in the order listed
|
|
|
shall report the birth to the local registrar:
|
|
|
[(1)the father or mother of the child; or
|
|
|
[(2) the owner or householder of the premises where
|
|
|
the birth occurs]. |
|
|
(f) The department may prescribe the form and contents of |
|
|
the affidavits required under Subsection (c). |
|
|
(g) In this subsection, "health care practitioner" means an |
|
|
individual who holds a license, certificate, registration, title, |
|
|
permit, or other authorization that authorizes the individual to |
|
|
engage in a health care profession in this state. |
|
|
SECTION 2. Section 192.003(b), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 3. Section 192.003, Health and Safety Code, as |
|
|
amended by this Act, applies only to a birth certificate filed on or |
|
|
after September 1, 2007. A birth certificate filed before |
|
|
September 1, 2007, is governed by the law as it existed immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
|
effect for this purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |