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A BILL TO BE ENTITLED
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AN ACT
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relating to a declaration of origin. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 140 to read as follows: |
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CHAPTER 140. DECLARATION OF ORIGIN |
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Sec. 140.001. DECLARATION OF ORIGIN ESTABLISHING PLACE AND |
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DATE OF BIRTH. (a) An individual may establish the individual's |
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place and date of birth by obtaining a declaration of origin from a |
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court as provided by this chapter. |
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(b) An order by a court under this chapter establishing an |
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individual's place and date of birth establishes the individual's |
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identity for purposes of this state or a political subdivision of |
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this state, and for purposes of the federal government or any |
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official of this state, a political subdivision of this state, or |
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the federal government, in the same manner as a driver's license or |
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a personal identification card issued by the Department of Public |
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Safety. |
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Sec. 140.002. COURTS WITH JURISDICTION TO ISSUE |
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DECLARATION. The following courts have jurisdiction to issue a |
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declaration of origin: |
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(1) a statutory probate court; |
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(2) a statutory county court with probate |
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jurisdiction; |
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(3) a constitutional county court with probate |
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jurisdiction; and |
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(4) a district court. |
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Sec. 140.003. PETITION. (a) An individual may request a |
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court to issue a declaration of origin by filing a petition with the |
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court. |
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(b) The petition must be in substantially the following |
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form: |
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PETITION FOR DECLARATION OF ORIGIN |
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State of TexasCourt________________ |
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County of ____________No.__________________ |
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Name of Petitioner: |
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_____________________________ |
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Petitioner makes the following declaration: |
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1. I was born on the following date:. |
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2. I was born in the following place:. |
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3. I am unable to obtain a driver's license or personal |
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identification card from the Department of Public Safety. |
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4. I further declare: |
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(insert additional declarations, if any) |
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The Petitioner requests that the court issue a declaration of |
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origin establishing the date and place of birth specified above. |
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I verify that the statements made in this affidavit are true |
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and correct. |
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__________________________ |
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(Your Signature) |
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__________________________ |
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(Your Printed Name) |
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__________________________ |
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(Your Address) |
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__________________________ |
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(Your City, State, Zip) |
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__________________________ |
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(Your Phone Number) |
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Before me, the undersigned authority, on this day personally |
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appeared _________________________, who after being duly sworn, on |
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oath states the foregoing statements are within his or her personal |
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knowledge and true and correct. |
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SUBSCRIBED AND SWORN to this _____ day of ________________, |
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20___. |
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__________________________ |
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Notary Public, State of Texas |
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Sec. 140.004. FEE. (a) The fee to file a petition for a |
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declaration of origin is $25. |
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(b) A court shall waive the fee for an individual on the |
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filing by the individual of an affidavit of inability to pay the |
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fee. If the individual does not have the capacity to complete and |
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submit the affidavit in the individual's own behalf, a person |
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related to the individual by consanguinity within the third degree |
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as determined under Subchapter B, Chapter 573, Government Code, or |
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a person authorized by the individual to act on behalf of the |
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individual, may complete and submit the petition. |
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(c) The affidavit of inability to pay the fee must be in |
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substantially the following form: |
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AFFIDAVIT OF INABILITY TO PAY FEE |
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State of TexasCourt________________ |
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County of ____________No.__________________ |
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Name of Petitioner: |
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_____________________________ |
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Pursuant to Rule 145 of the Texas Rules of Civil Procedure, |
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Petitioner files this affidavit of inability to pay the filing fee |
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for a petition for a Declaration of Origin and requests this court |
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consider the petition without payment of any fee. |
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Petitioner declares: |
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1. |
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My approximate monthly income consists of the following: |
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AMOUNT |
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SOURCE OR DESCRIPTION |
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a) Public Benefits |
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_____________________ |
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b) Net Employment |
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_____________________ |
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c) Other Income |
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_____________________ |
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d) Child Support |
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______ |
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_____________________ |
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e) Spouse Income |
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_____________________ |
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(if available) |
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______ |
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_____________________ |
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My approximate monthly expenses consist of the following: |
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b. Transportation |
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________ |
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g. Medical Expenses |
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________ |
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2. |
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I have the following dependents living with me: |
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_______________________________________________________________. |
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3. |
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I have no substantial property other than my clothes, |
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personal effects, and household furnishings. I have ____ |
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vehicle(s): |
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______________________. |
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(list make, model, year) |
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The balance of any checking account I have is $______. The |
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balance of any savings account or other account I have is $______. |
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I have $_______ in cash in my possession. |
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4. |
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I am unable to pay the fee. Nevertheless, I wish to file my |
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petition for a Declaration of Origin. I verify that the statements |
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made in this affidavit are true and correct. |
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__________________________ |
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(Your Signature) |
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__________________________ |
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(Your Printed Name) |
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__________________________ |
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(Your Address) |
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__________________________ |
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(Your City, State, Zip) |
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__________________________ |
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(Your Phone Number) |
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Before me, the undersigned authority, on this day personally |
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appeared _________________________, who after being duly sworn, on |
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oath states the foregoing statements are within his or her personal |
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knowledge and true and correct. |
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SUBSCRIBED AND SWORN to this _____ day of ________________, |
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20___. |
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__________________________ |
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Notary Public, State of Texas |
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Sec. 140.005. APPLICATION FOR DELAYED BIRTH CERTIFICATE FOR |
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AN INDIVIDUAL BORN IN TEXAS. (a) A court may not issue a |
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declaration of origin for an individual who declares on the |
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petition for declaration of origin that the individual was born in |
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this state unless: |
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(1) the individual has applied to a local registrar of |
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births and deaths for the issuance of a delayed birth certificate |
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under Subchapter B, Chapter 192, Health and Safety Code; and |
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(2) the state registrar of vital statistics refuses to |
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issue the certificate. |
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(b) An individual may establish a refusal of the state |
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registrar of vital statistics to issue a delayed birth certificate |
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for the individual by submitting to the court the state registrar's |
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statement of the reasons for the refusal required under Section |
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192.026(b)(1), Health and Safety Code. |
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Sec. 140.006. PROOF. (a) A court shall issue a declaration |
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of origin for an individual if the court finds that the individual |
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has shown by a preponderance of the evidence the individual's place |
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and date of birth. |
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(b) An individual may satisfy the showing required under |
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Subsection (a) through: |
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(1) the sworn testimony of a witness; or |
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(2) affidavits from two or more credible witnesses who |
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have knowledge of relevant and material facts concerning the place |
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and date of birth of the individual. |
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(c) An individual may also submit any other relevant and |
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credible evidence to the court, including: |
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(1) a family Bible or other central text of a religion; |
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or |
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(2) a marriage certificate. |
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Sec. 140.007. ISSUANCE. (a) A declaration of origin for an |
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individual issued by a court must establish the individual's place |
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and date of birth, including, if applicable: |
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(1) the city or county, or both the city and county, of |
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birth; |
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(2) the state of birth; |
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(3) zip code information; and |
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(4) location of birth in a territory of the United |
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States, a Native American reservation, or a federal military base |
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or installation. |
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(b) The declaration of origin issued by a court must be in |
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substantially the following form: |
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DECLARATION OF ORIGIN |
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State of TexasCourt________________ |
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County of ____________No.__________________ |
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Name of Petitioner: |
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_____________________________ |
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This Declaration of Origin for Petitioner establishes the |
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identity of the Petitioner in Texas for all purposes, in the same |
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manner as a driver's license or personal identification card issued |
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by the Department of Public Safety. |
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FINDINGS: |
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The court makes the following findings regarding the place |
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and date of birth of the Petitioner: |
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1. The Petitioner's place of birth is: |
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___________________________________________________ |
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2. The Petitioner's date of birth is: |
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___________________________________________________ |
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3. The court makes additional findings relating to |
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Petitioner as follows: |
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___________________________________________________ |
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___________________________________________________ |
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Judge _____________________________________________ |
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Date __________________________________ |
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Sec. 140.008. RECORDING. On presentation of a declaration |
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of origin issued by a court under this chapter by an individual to a |
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state agency or to an agency of a political subdivision of this |
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state, the agency shall accept the declaration as proof of the place |
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and date of birth of the individual and enter that information into |
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the permanent records of the agency. |
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SECTION 2. Section 192.026(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) On the state registrar's refusal to register a |
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certificate under Subsection (a), the state registrar shall: |
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(1) furnish the applicant a statement of the reasons |
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for the refusal; [and] |
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(2) advise the applicant of the right to appeal to the |
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county court for probate matters of the county in which the birth |
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occurred, as provided by Section 192.027; and |
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(3) advise the applicant: |
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(A) of the nature of a declaration of origin |
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under Chapter 140, Civil Practice and Remedies Code; and |
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(B) that the applicant may request a court to |
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issue a declaration of origin as provided by that chapter. |
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SECTION 3. Section 192.026(b), Health and Safety Code, as |
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amended by this Act, applies to a refusal by the state registrar of |
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vital statistics to register a delayed birth certificate that |
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occurs on or after the effective date of this Act, without regard to |
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whether the application for the certificate commenced before, on, |
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or after that date. |
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SECTION 4. This Act takes effect September 1, 2011. |