Texas 2009 - 81st Regular

Texas House Bill HB256 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R509 ALB-F
2	2	By: Berman H.B. No. 256
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to birth records of children born in this state; creating
8	8	an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 192.002, Health and Safety Code, is
11	11	amended by adding Subsection (e) to read as follows:
12	12	(e) The form must include a space for recording the
13	13	citizenship status of the mother and father.
14	14	SECTION 2. Subchapter A, Chapter 192, Health and Safety
15	15	Code, is amended by adding Sections 192.0023 and 192.0024 to read as
16	16	follows:
17	17	Sec. 192.0023. BIRTH CERTIFICATES ISSUED FOR CITIZENS. (a)
18	18	In this section, "alien" means a person who is not a citizen or
19	19	national of the United States.
20	20	(b) A birth certificate may be issued for a child born in
21	21	this state only if the child is a citizen of the United States. If
22	22	a birth certificate form filed with the local registrar indicates
23	23	that the child is not a citizen of the United States, the local
24	24	registrar may issue a temporary report of alien birth under
25	25	Subchapter C.
26	26	(c) A child born in this state is a citizen of the United
27	27	States if the child is subject to the jurisdiction of the United
28	28	States. A child is subject to the jurisdiction of the United States
29	29	if at least one of the child's parents is:
30	30	(1) a United States citizen;
31	31	(2) a national of the United States; or
32	32	(3) an alien who is lawfully admitted for permanent
33	33	residence to and maintains the person's residence in the United
34	34	States.
35	35	(d) A child is not subject to the jurisdiction of the United
36	36	States if neither parent of the child is a United States citizen and
37	37	the child is born in the United States because a parent of the child
38	38	is:
39	39	(1) an ambassador, public minister, career diplomatic
40	40	or consular officer, or other diplomatic official or employee, who
41	41	has been accredited by a foreign government and accepted by the
42	42	president of the United States or the United States secretary of
43	43	state;
44	44	(2) an alien admitted to the United States as an
45	45	attendant, servant, personal employee, or family member of a person
46	46	described by Subdivision (1);
47	47	(3) an alien in immediate and continuous transit
48	48	through the United States, or entitled to pass in transit to and
49	49	from the United Nations headquarters district and foreign
50	50	countries;
51	51	(4) an alien crewman on a vessel or aircraft that lands
52	52	temporarily in the United States;
53	53	(5) an accredited representative of a foreign
54	54	government that is a member of an international organization
55	55	entitled to enjoy privileges, exemptions, and immunities under 22
56	56	U.S.C. Section 288 et seq. (the International Organizations
57	57	Immunities Act), or an alien who is an officer or employee of the
58	58	organization;
59	59	(6) an alien admitted to the United States as an
60	60	attendant, servant, personal employee, or family member of a person
61	61	described by Subdivision (5);
62	62	(7) an alien who has a residence in a foreign country
63	63	and does not intend to abandon the residence and is visiting the
64	64	United States temporarily for business or pleasure;
65	65	(8) an alien who is a member on active duty of the
66	66	armed forces or intelligence service of a foreign state; or
67	67	(9) an alien who is not eligible to receive a visa and
68	68	who is not admissible to the United States under 8 U.S.C. Section
69	69	1182.
70	70	(e) If the birth certificate form indicates that a parent of
71	71	the child is a permanent resident alien, the local registrar shall
72	72	verify that status with the United States Department of Homeland
73	73	Security.
74	74	Sec. 192.0024. ENFORCEMENT. (a) If the state or a local
75	75	registrar refuses to issue a birth certificate for a child, the
76	76	child's parent or guardian may bring an action for declaratory
77	77	judgment in a district court.
78	78	(b) A temporary report of alien birth may be renewed for
79	79	periods of one year during the pendency of action under this
80	80	section.
81	81	(c) A declaratory judgment action must be commenced not
82	82	later than the 21st birthday of the child who is the subject of the
83	83	birth record.
84	84	(d) The attorney general shall represent the state and a
85	85	local registrar in an action under this section.
86	86	SECTION 3. Sections 192.003(a), (b), (d), and (e), Health
87	87	and Safety Code, are amended to read as follows:
88	88	(a) The physician, midwife, or person acting as a midwife in
89	89	attendance at a birth shall file the birth certificate form with the
90	90	local registrar of the registration district in which the birth
91	91	occurs.
92	92	(b) If a birth occurs in a hospital or birthing center, the
93	93	hospital administrator, the birthing center administrator, or a
94	94	designee of the appropriate administrator may file the birth
95	95	certificate form in lieu of a person listed by Subsection (a).
96	96	(d) Except as provided by Subsection (e), a person required
97	97	to file a birth certificate form or report a birth shall file the
98	98	birth certificate form or make the report not later than the fifth
99	99	day after the date of the birth.
100	100	(e) Based on a parent's religious beliefs, a parent may
101	101	request that a person required to file a birth certificate form or
102	102	report a birth delay filing the birth certificate form or making the
103	103	report until the parent contacts the person with the child's
104	104	name. If a parent does not name the child before the fifth day
105	105	after the date of the birth due to the parent's religious beliefs,
106	106	the parent must contact the person required to file the birth
107	107	certificate form or report the birth with the name of the child as
108	108	soon as the child is named. A person required to file the birth
109	109	certificate form or report the birth who delays filing the birth
110	110	certificate form or making the report in accordance with the
111	111	parent's request shall file the birth certificate form or make the
112	112	report not later than the 15th day after the date of the child's
113	113	birth.
114	114	SECTION 4. Section 192.025(a), Health and Safety Code, is
115	115	amended to read as follows:
116	116	(a) The state registrar shall accept an application under
117	117	Section 192.024 if the applicant's statement of date and place of
118	118	birth, [and] parentage, and United States citizenship of at least
119	119	one parent is established to the state registrar's satisfaction by
120	120	the evidence required by this section.
121	121	SECTION 5. Chapter 192, Health and Safety Code, is amended
122	122	by adding Subchapter C to read as follows:
123	123	SUBCHAPTER C. BIRTH RECORDS OF PERSONS NOT SUBJECT TO THE
124	124	JURISDICTION OF THE UNITED STATES
125	125	Sec. 192.031. ISSUANCE OF TEMPORARY REPORT OF ALIEN BIRTH.
126	126	(a) A local registrar shall issue a temporary report of alien birth
127	127	if neither parent is:
128	128	(1) a United States citizen;
129	129	(2) a national of the United States; or
130	130	(3) an alien who is lawfully admitted for permanent
131	131	residence to and maintains the person's residence in the United
132	132	States.
133	133	(b) A temporary report of alien birth is valid for 180 days
134	134	after the date the report is issued.
135	135	(c) A temporary report of alien birth must include a
136	136	biometric identifier such as a fingerprint of both the mother and
137	137	the child.
138	138	(d) A local registrar shall provide a certified copy of the
139	139	temporary report of alien birth to the state registrar.
140	140	Sec. 192.032. DUTIES OF STATE REGISTRAR. The state
141	141	registrar shall:
142	142	(1) establish a fee to be charged by the local
143	143	registrar to prepare a temporary report of alien birth;
144	144	(2) provide a copy of a temporary report of alien birth
145	145	to a foreign consulate or the United States Department of State at
146	146	the parent's request;
147	147	(3) establish and operate a service center to:
148	148	(A) assist parents and local authorities with
149	149	contacting the appropriate foreign consulate;
150	150	(B) maintain information on foreign consular
151	151	requirements for reporting births in this state; and
152	152	(C) serve as the designated state agency
153	153	responsible for liaison with the United States Department of State
154	154	and the United States Department of Homeland Security on all
155	155	matters related to births of aliens in this state; and
156	156	(4) provide a copy of each temporary report of alien
157	157	birth issued in this state to the United States Immigration and
158	158	Customs Enforcement Bureau within five business days of receipt
159	159	from a local registrar.
160	160	Sec. 192.033. PERMANENT CERTIFICATE OF ALIEN BIRTH. (a)
161	161	The state registrar shall issue a permanent certificate of alien
162	162	birth upon:
163	163	(1) receipt of confirmation from either parent's
164	164	consulate or from the United States Department of State of the
165	165	citizenship status of the parent and child; and
166	166	(2) surrender by the parent or guardian of the
167	167	temporary report of alien birth.
168	168	(b) The state registrar shall provide notice of the denial
169	169	of a permanent certificate of alien birth and shall provide an
170	170	opportunity for an administrative appeal of a denial.
171	171	Sec. 192.034. AMENDMENT OF BIRTH RECORDS. Upon
172	172	presentation of a certificate of naturalization by a holder of a
173	173	permanent certificate of alien birth, a state registrar shall:
174	174	(1) declare the petitioner subject to the jurisdiction
175	175	of the United States;
176	176	(2) issue an amended birth certificate to the
177	177	petitioner; and
178	178	(3) amend the state birth records.
179	179	SECTION 6. Chapter 195, Health and Safety Code, is amended
180	180	by adding Section 195.006 to read as follows:
181	181	Sec. 195.006. MISUSE OF TEMPORARY REPORT OF ALIEN BIRTH.
182	182	(a) A person commits an offense if the person uses or attempts to
183	183	use a temporary report of alien birth as evidence to support a claim
184	184	of United States citizenship or legal residence in this state for a
185	185	child or parent named on the temporary report of alien birth.
186	186	(b) An offense under this section is a felony of the third
187	187	degree.
188	188	SECTION 7. Section 552.115(a), Government Code, is amended
189	189	to read as follows:
190	190	(a) A birth or death record maintained by the bureau of
191	191	vital statistics of the Texas Department of Health or a local
192	192	registration official is excepted from the requirements of Section
193	193	552.021, except that:
194	194	(1) a birth record is public information and available
195	195	to the public on and after the 75th anniversary of the date of birth
196	196	as shown on the record filed with the bureau of vital statistics or
197	197	local registration official;
198	198	(2) a death record is public information and available
199	199	to the public on and after the 25th anniversary of the date of death
200	200	as shown on the record filed with the bureau of vital statistics or
201	201	local registration official;
202	202	(3) a general birth index or a general death index
203	203	established or maintained by the bureau of vital statistics or a
204	204	local registration official is public information and available to
205	205	the public to the extent the index relates to a birth record or
206	206	death record that is public information and available to the public
207	207	under Subdivision (1) or (2);
208	208	(4) a summary birth index or a summary death index
209	209	prepared or maintained by the bureau of vital statistics or a local
210	210	registration official is public information and available to the
211	211	public; [and]
212	212	(5) a temporary report of alien birth is public
213	213	information and available to the public on and after the date of
214	214	expiration as shown on the record filed with the bureau of vital
215	215	statistics or local registration official, unless the report is the
216	216	subject of an action under Section 192.0024; and
217	217	(6) [(5)] a birth or death record is available to the
218	218	chief executive officer of a home-rule municipality or the
219	219	officer's designee if:
220	220	(A) the record is used only to identify a
221	221	property owner or other person to whom the municipality is required
222	222	to give notice when enforcing a state statute or an ordinance;
223	223	(B) the municipality has exercised due diligence
224	224	in the manner described by Section 54.035(e), Local Government
225	225	Code, to identify the person; and
226	226	(C) the officer or designee signs a
227	227	confidentiality agreement that requires that:
228	228	(i) the information not be disclosed
229	229	outside the office of the officer or designee, or within the office
230	230	for a purpose other than the purpose described by Paragraph (A);
231	231	(ii) the information be labeled as
232	232	confidential;
233	233	(iii) the information be kept securely;
234	234	and
235	235	(iv) the number of copies made of the
236	236	information or the notes taken from the information that implicate
237	237	the confidential nature of the information be controlled, with all
238	238	copies or notes that are not destroyed or returned remaining
239	239	confidential and subject to the confidentiality agreement.
240	240	SECTION 8. This Act takes effect September 1, 2009.