BILL ANALYSIS

Senate Research Center	S.B. 801
89R1829 MCF-D	By: Men�ndez
	State Affairs
	4/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

During the 2023 Point-in-Time (PIT) count, it was estimated that over 27,000 people in Texas were experiencing homelessness. For these individuals, accessing vital records such as birth certificates can be exceedingly difficult due to a lack of a stable address, a lack of other identification documents, and the financial constraints related to obtaining records. For example, currently, each copy of a birth certificate costs $22, a cost that many individuals experiencing homelessness may not be able to pay.

For many individuals experiencing homelessness, the lack of a physical address makes it difficult to satisfy the identification requirements necessary to apply for a birth certificate. Without a birth certificate, many individuals find themselves trapped in a vicious cycle and are unable to access the systems and services that could help them become rehabilitated and find housing. By eliminating barriers to accessing birth records, these individuals can be allowed to access services and benefits that are needed for improving their quality of life and their transition out of homelessness.

S.B. 801 would allow individuals experiencing homelessness to obtain a certified copy of their birth record free of charge. It would also direct the Health and Human Services Commission to develop a process to verify an individual's homeless status, thereby not requiring the individual to provide a physical address. 

As proposed, S.B. 801 amends current law relating to the issuance of a certified birth record to a homeless individual.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 (Section 191.00495, Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 191, Health and Safety Code, by adding Section 191.00495, as follows:

Sec. 191.00495.� BIRTH RECORD ISSUED TO HOMELESS INDIVIDUAL. (a) Defines "homeless individual."

(b)� Requires the state registrar, a local registrar, or a county clerk, on request of a homeless individual, to issue, without fee, a certified copy of the individual's birth record to the individual.

(c)� Requires the executive commissioner of the Health and Human Services Commission,� (executive commissioner) by rule to:

(1)� adopt a process to verify a person's status as a homeless individual; and

(2)� prescribe the documentation necessary for issuance of a certified copy of a birth record to a homeless individual whose status is verified through the process adopted under Subdivision (1).

(d)� Prohibits the Department of State Health Services, notwithstanding any other provision of state law, from requiring a homeless individual to provide a physical address of the individual's residence to satisfy any requirement of this section.

SECTION 2. Requires the executive commissioner, as soon as practicable after the effective date of this Act, to adopt the rules required by Section 191.00495, Health and Safety Code, as added by this Act.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.