Texas Senate Bill SB1875

Texas 2009 - 81st Regular

Caption

Relating to a declaration of origin.

Impact

The legislation stipulates that individuals may establish their birth details by filing a petition with a designated court, such as a statutory probate court or a district court. Upon providing sufficient evidence—potentially through witness testimony or credible documents—the court can issue a declaration that serves as legal proof of identity. The declaration is to be treated equivalently to conventional identification, thus enabling individuals the right to engage with state agencies and political subdivisions, securing their rights in various bureaucratic processes.

Summary

SB1875, an act relating to the establishment of a declaration of origin, is designed to enable individuals to formally prove their place and date of birth through court-issued declarations. This bill amends Title 6 of the Civil Practice and Remedies Code by adding Chapter 140, outlining the process and conditions under which an individual can obtain such declarations. The intent is to facilitate the establishment of identity, particularly for those who may lack traditional identity documents such as a driver's license or personal identification card issued by the Department of Public Safety.

Contention

One notable aspect of SB1875 is its provision allowing for fee waivers for individuals demonstrating financial inability to pay the $25 filing fee, which enhances accessibility to the legal process. Moreover, the bill emphasizes evidence-based declarations that can include personal testimonies or historical records like family Bibles or marriage certificates, pointing to a flexible approach in handling identity verification. However, discussions around the efficacy and administrative burden of implementing this new system may arise as courts would need to establish procedures to handle such petitions effectively.