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A BILL TO BE ENTITLED
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AN ACT
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relating to a delayed birth certificate; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0021(b), Government Code, is amended |
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to read as follows: |
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(b) A statutory probate court as that term is defined in |
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Section 22.007, Estates [3(ii), Texas Probate] Code, has: |
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(1) the general jurisdiction of a probate court as |
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provided by the Estates [Texas Probate] Code; and |
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(2) the jurisdiction provided by law for a county |
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court to hear and determine actions, cases, matters, or proceedings |
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instituted under: |
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(A) Section 166.046, [192.027,] 193.007, |
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552.015, 552.019, 711.004, or 714.003, Health and Safety Code; |
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(B) Chapter 462, Health and Safety Code; or |
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(C) Subtitle C or D, Title 7, Health and Safety |
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Code. |
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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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district [county] court with jurisdiction over [for probate matters
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of] the county in which the birth occurred, or in the district court |
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with jurisdiction over the county in which the person resides, as |
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provided by Section 192.027. |
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SECTION 3. Section 192.027, Health and Safety Code, is |
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amended by amending Subsections (a) and (d) and adding Subsection |
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(b-1) to read as follows: |
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(a) If a delayed birth certificate is not accepted for |
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registration by the state registrar, the person may file a petition |
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in the district [county probate] court with jurisdiction over [of] |
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the county in which the birth occurred, or in the district court |
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with jurisdiction over the county in which the person resides, for |
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an order establishing a record of the person's date of birth, place |
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of birth, and parentage. |
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(b-1) The petition must include: |
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(1) the name and place of residence of the petitioner; |
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(2) whether the petitioner has been the subject of a |
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final felony conviction; |
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(3) whether the petitioner is subject to the |
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registration requirements of Chapter 62, Code of Criminal |
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Procedure; and |
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(4) a legible and complete set of the petitioner's |
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fingerprints on a fingerprint card format acceptable to the |
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Department of Public Safety and the Federal Bureau of |
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Investigation. |
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(d) If, after a hearing, the court finds from the evidence |
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submitted to the registrar and any other relevant evidence |
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presented by the person that the person was born in this state, the |
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court shall: |
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(1) make findings as to the person's date and place of |
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birth and parentage; |
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(2) make other findings required by the case; and |
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(3) enter an order on a form prescribed and furnished |
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by the department to establish a record of birth. |
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SECTION 4. Subchapter B, Chapter 192, Health and Safety |
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Code, is amended by adding Sections 192.028 and 192.029 to read as |
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follows: |
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Sec. 192.028. APPOINTMENT OF ATTORNEY AD LITEM. A judge of |
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a district court may appoint an attorney ad litem in a proceeding |
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under Section 192.027 to represent the interests of the person |
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seeking the delayed birth certificate. |
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Sec. 192.029. REFUSAL TO SIGN AFFIDAVIT OF PERSONAL |
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KNOWLEDGE. (a) A parent of a person who is seeking a delayed birth |
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certificate under this subchapter shall sign an affidavit of |
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personal knowledge acknowledging that the individual is the parent |
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of the person seeking the delayed birth certificate if: |
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(1) the person seeking a delayed birth certificate, a |
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managing conservator or guardian of the person, or, if the person is |
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a minor, another person with custody of the minor has requested the |
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person's parent to sign the affidavit of personal knowledge; and |
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(2) the parent's affidavit of personal knowledge is |
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necessary for the issuance of the birth certificate because the |
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person seeking the delayed birth certificate is unable to provide |
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sufficient alternative documentary evidence as required by Section |
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192.025. |
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(b) A parent shall sign an affidavit as described by |
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Subsection (a) not later than the 30th day after the date a request |
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is made as described by Subsection (a)(1). |
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(c) A person who is a parent of a person seeking a delayed |
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birth certificate and who fails to sign an affidavit of personal |
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knowledge as required by this section: |
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(1) commits an offense punishable as a Class B |
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misdemeanor if the request under Subsection (a)(1) is made on or |
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after the fourth anniversary of the date of birth but before the |
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15th anniversary of the date of birth; or |
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(2) commits an offense punishable as a Class A |
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misdemeanor if the request under Subsection (a)(1) is made on or |
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after the 15th anniversary of the date of birth. |
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SECTION 5. This Act takes effect September 1, 2015. |
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