81R509 ALB-F
By: Berman H.B. No. 256
A BILL TO BE ENTITLED
AN ACT
relating to birth records of children born in this state; creating
an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.002, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The form must include a space for recording the
citizenship status of the mother and father.
SECTION 2. Subchapter A, Chapter 192, Health and Safety
Code, is amended by adding Sections 192.0023 and 192.0024 to read as
follows:
Sec. 192.0023. BIRTH CERTIFICATES ISSUED FOR CITIZENS. (a)
In this section, "alien" means a person who is not a citizen or
national of the United States.
(b) A birth certificate may be issued for a child born in
this state only if the child is a citizen of the United States. If
a birth certificate form filed with the local registrar indicates
that the child is not a citizen of the United States, the local
registrar may issue a temporary report of alien birth under
Subchapter C.
(c) A child born in this state is a citizen of the United
States if the child is subject to the jurisdiction of the United
States. A child is subject to the jurisdiction of the United States
if at least one of the child's parents is:
(1) a United States citizen;
(2) a national of the United States; or
(3) an alien who is lawfully admitted for permanent
residence to and maintains the person's residence in the United
States.
(d) A child is not subject to the jurisdiction of the United
States if neither parent of the child is a United States citizen and
the child is born in the United States because a parent of the child
is:
(1) an ambassador, public minister, career diplomatic
or consular officer, or other diplomatic official or employee, who
has been accredited by a foreign government and accepted by the
president of the United States or the United States secretary of
state;
(2) an alien admitted to the United States as an
attendant, servant, personal employee, or family member of a person
described by Subdivision (1);
(3) an alien in immediate and continuous transit
through the United States, or entitled to pass in transit to and
from the United Nations headquarters district and foreign
countries;
(4) an alien crewman on a vessel or aircraft that lands
temporarily in the United States;
(5) an accredited representative of a foreign
government that is a member of an international organization
entitled to enjoy privileges, exemptions, and immunities under 22
U.S.C. Section 288 et seq. (the International Organizations
Immunities Act), or an alien who is an officer or employee of the
organization;
(6) an alien admitted to the United States as an
attendant, servant, personal employee, or family member of a person
described by Subdivision (5);
(7) an alien who has a residence in a foreign country
and does not intend to abandon the residence and is visiting the
United States temporarily for business or pleasure;
(8) an alien who is a member on active duty of the
armed forces or intelligence service of a foreign state; or
(9) an alien who is not eligible to receive a visa and
who is not admissible to the United States under 8 U.S.C. Section
1182.
(e) If the birth certificate form indicates that a parent of
the child is a permanent resident alien, the local registrar shall
verify that status with the United States Department of Homeland
Security.
Sec. 192.0024. ENFORCEMENT. (a) If the state or a local
registrar refuses to issue a birth certificate for a child, the
child's parent or guardian may bring an action for declaratory
judgment in a district court.
(b) A temporary report of alien birth may be renewed for
periods of one year during the pendency of action under this
section.
(c) A declaratory judgment action must be commenced not
later than the 21st birthday of the child who is the subject of the
birth record.
(d) The attorney general shall represent the state and a
local registrar in an action under this section.
SECTION 3. Sections 192.003(a), (b), (d), and (e), Health
and Safety Code, are amended to read as follows:
(a) The physician, midwife, or person acting as a midwife in
attendance at a birth shall file the birth certificate form with the
local registrar of the registration district in which the birth
occurs.
(b) If a birth occurs in a hospital or birthing center, the
hospital administrator, the birthing center administrator, or a
designee of the appropriate administrator may file the birth
certificate form in lieu of a person listed by Subsection (a).
(d) Except as provided by Subsection (e), a person required
to file a birth certificate form or report a birth shall file the
birth certificate form or make the report not later than the fifth
day after the date of the birth.
(e) Based on a parent's religious beliefs, a parent may
request that a person required to file a birth certificate form or
report a birth delay filing the birth certificate form or making the
report until the parent contacts the person with the child's
name. If a parent does not name the child before the fifth day
after the date of the birth due to the parent's religious beliefs,
the parent must contact the person required to file the birth
certificate form or report the birth with the name of the child as
soon as the child is named. A person required to file the birth
certificate form or report the birth who delays filing the birth
certificate form or making the report in accordance with the
parent's request shall file the birth certificate form or make the
report not later than the 15th day after the date of the child's
birth.
SECTION 4. Section 192.025(a), Health and Safety Code, is
amended to read as follows:
(a) The state registrar shall accept an application under
Section 192.024 if the applicant's statement of date and place of
birth, [and] parentage, and United States citizenship of at least
one parent is established to the state registrar's satisfaction by
the evidence required by this section.
SECTION 5. Chapter 192, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. BIRTH RECORDS OF PERSONS NOT SUBJECT TO THE
JURISDICTION OF THE UNITED STATES
Sec. 192.031. ISSUANCE OF TEMPORARY REPORT OF ALIEN BIRTH.
(a) A local registrar shall issue a temporary report of alien birth
if neither parent is:
(1) a United States citizen;
(2) a national of the United States; or
(3) an alien who is lawfully admitted for permanent
residence to and maintains the person's residence in the United
States.
(b) A temporary report of alien birth is valid for 180 days
after the date the report is issued.
(c) A temporary report of alien birth must include a
biometric identifier such as a fingerprint of both the mother and
the child.
(d) A local registrar shall provide a certified copy of the
temporary report of alien birth to the state registrar.
Sec. 192.032. DUTIES OF STATE REGISTRAR. The state
registrar shall:
(1) establish a fee to be charged by the local
registrar to prepare a temporary report of alien birth;
(2) provide a copy of a temporary report of alien birth
to a foreign consulate or the United States Department of State at
the parent's request;
(3) establish and operate a service center to:
(A) assist parents and local authorities with
contacting the appropriate foreign consulate;
(B) maintain information on foreign consular
requirements for reporting births in this state; and
(C) serve as the designated state agency
responsible for liaison with the United States Department of State
and the United States Department of Homeland Security on all
matters related to births of aliens in this state; and
(4) provide a copy of each temporary report of alien
birth issued in this state to the United States Immigration and
Customs Enforcement Bureau within five business days of receipt
from a local registrar.
Sec. 192.033. PERMANENT CERTIFICATE OF ALIEN BIRTH. (a)
The state registrar shall issue a permanent certificate of alien
birth upon:
(1) receipt of confirmation from either parent's
consulate or from the United States Department of State of the
citizenship status of the parent and child; and
(2) surrender by the parent or guardian of the
temporary report of alien birth.
(b) The state registrar shall provide notice of the denial
of a permanent certificate of alien birth and shall provide an
opportunity for an administrative appeal of a denial.
Sec. 192.034. AMENDMENT OF BIRTH RECORDS. Upon
presentation of a certificate of naturalization by a holder of a
permanent certificate of alien birth, a state registrar shall:
(1) declare the petitioner subject to the jurisdiction
of the United States;
(2) issue an amended birth certificate to the
petitioner; and
(3) amend the state birth records.
SECTION 6. Chapter 195, Health and Safety Code, is amended
by adding Section 195.006 to read as follows:
Sec. 195.006. MISUSE OF TEMPORARY REPORT OF ALIEN BIRTH.
(a) A person commits an offense if the person uses or attempts to
use a temporary report of alien birth as evidence to support a claim
of United States citizenship or legal residence in this state for a
child or parent named on the temporary report of alien birth.
(b) An offense under this section is a felony of the third
degree.
SECTION 7. Section 552.115(a), Government Code, is amended
to read as follows:
(a) A birth or death record maintained by the bureau of
vital statistics of the Texas Department of Health or a local
registration official is excepted from the requirements of Section
552.021, except that:
(1) a birth record is public information and available
to the public on and after the 75th anniversary of the date of birth
as shown on the record filed with the bureau of vital statistics or
local registration official;
(2) a death record is public information and available
to the public on and after the 25th anniversary of the date of death
as shown on the record filed with the bureau of vital statistics or
local registration official;
(3) a general birth index or a general death index
established or maintained by the bureau of vital statistics or a
local registration official is public information and available to
the public to the extent the index relates to a birth record or
death record that is public information and available to the public
under Subdivision (1) or (2);
(4) a summary birth index or a summary death index
prepared or maintained by the bureau of vital statistics or a local
registration official is public information and available to the
public; [and]
(5) a temporary report of alien birth is public
information and available to the public on and after the date of
expiration as shown on the record filed with the bureau of vital
statistics or local registration official, unless the report is the
subject of an action under Section 192.0024; and
(6) [(5)] a birth or death record is available to the
chief executive officer of a home-rule municipality or the
officer's designee if:
(A) the record is used only to identify a
property owner or other person to whom the municipality is required
to give notice when enforcing a state statute or an ordinance;
(B) the municipality has exercised due diligence
in the manner described by Section 54.035(e), Local Government
Code, to identify the person; and
(C) the officer or designee signs a
confidentiality agreement that requires that:
(i) the information not be disclosed
outside the office of the officer or designee, or within the office
for a purpose other than the purpose described by Paragraph (A);
(ii) the information be labeled as
confidential;
(iii) the information be kept securely;
and
(iv) the number of copies made of the
information or the notes taken from the information that implicate
the confidential nature of the information be controlled, with all
copies or notes that are not destroyed or returned remaining
confidential and subject to the confidentiality agreement.
SECTION 8. This Act takes effect September 1, 2009.