82R10861 DAK-D
By: McClendon H.B. No. 2027
A BILL TO BE ENTITLED
AN ACT
relating to a declaration of origin.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 140 to read as follows:
CHAPTER 140. DECLARATION OF ORIGIN
Sec. 140.001. DECLARATION OF ORIGIN ESTABLISHING PLACE AND
DATE OF BIRTH. (a) An individual may establish the individual's
place and date of birth by obtaining a declaration of origin from a
court as provided by this chapter.
(b) An order by a court under this chapter establishing an
individual's place and date of birth establishes the individual's
identity for purposes of this state or a political subdivision of
this state, and for purposes of the federal government or any
official of this state, a political subdivision of this state, or
the federal government, in the same manner as a driver's license or
a personal identification card issued by the Department of Public
Safety.
Sec. 140.002. COURTS WITH JURISDICTION TO ISSUE
DECLARATION. The following courts have jurisdiction to issue a
declaration of origin:
(1) a statutory probate court;
(2) a statutory county court with probate
jurisdiction;
(3) a constitutional county court with probate
jurisdiction; and
(4) a district court.
Sec. 140.003. PETITION. (a) An individual may request a
court to issue a declaration of origin by filing a petition with the
court.
(b) The petition must be in substantially the following
form:
PETITION FOR DECLARATION OF ORIGIN
State of TexasCourt________________
County of ____________No.__________________
Name of Petitioner:
_____________________________
Petitioner makes the following declaration:
1. I was born on the following date:.
2. I was born in the following place:.
3. I am unable to obtain a driver's license or personal
identification card from the Department of Public Safety.
4. I further declare:
(insert additional declarations, if any)
The Petitioner requests that the court issue a declaration of
origin establishing the date and place of birth specified above.
I verify that the statements made in this affidavit are true
and correct.
__________________________
(Your Signature)
__________________________
(Your Printed Name)
__________________________
(Your Address)
__________________________
(Your City, State, Zip)
__________________________
(Your Phone Number)
Before me, the undersigned authority, on this day personally
appeared _________________________, who after being duly sworn, on
oath states the foregoing statements are within his or her personal
knowledge and true and correct.
SUBSCRIBED AND SWORN to this _____ day of ________________,
20___.
__________________________
Notary Public, State of Texas
Sec. 140.004. FEE. (a) The fee to file a petition for a
declaration of origin is $25.
(b) A court shall waive the fee for an individual on the
filing by the individual of an affidavit of inability to pay the
fee. If the individual does not have the capacity to complete and
submit the affidavit in the individual's own behalf, a person
related to the individual by consanguinity within the third degree
as determined under Subchapter B, Chapter 573, Government Code, or
a person authorized by the individual to act on behalf of the
individual, may complete and submit the petition.
(c) The affidavit of inability to pay the fee must be in
substantially the following form:
AFFIDAVIT OF INABILITY TO PAY FEE
State of TexasCourt________________
County of ____________No.__________________
Name of Petitioner:
_____________________________
Pursuant to Rule 145 of the Texas Rules of Civil Procedure,
Petitioner files this affidavit of inability to pay the filing fee
for a petition for a Declaration of Origin and requests this court
consider the petition without payment of any fee.
Petitioner declares:
1.
My approximate monthly income consists of the following:
AMOUNT SOURCE OR DESCRIPTION AMOUNT SOURCE OR DESCRIPTION
AMOUNT SOURCE OR DESCRIPTION
a) Public Benefits ______ _____________________ a) Public Benefits ______ _____________________
a) Public Benefits ______ _____________________
b) Net Employment ______ _____________________ b) Net Employment ______ _____________________
b) Net Employment ______ _____________________
c) Other Income ______ _____________________ c) Other Income ______ _____________________
c) Other Income ______ _____________________
d) Child Support ______ _____________________ d) Child Support ______ _____________________
d) Child Support ______ _____________________
e) Spouse Income ______ _____________________ e) Spouse Income ______ _____________________
e) Spouse Income ______ _____________________
(if available) ______ _____________________ (if available) ______ _____________________
(if available) ______ _____________________
My approximate monthly expenses consist of the following:
AMOUNT AMOUNT
AMOUNT
a. Housing ________ a. Housing ________
a. Housing ________
b. Transportation ________ b. Transportation ________
b. Transportation ________
c. Food ________ c. Food ________
c. Food ________
d. Clothing ________ d. Clothing ________
d. Clothing ________
e. Utilities ________ e. Utilities ________
e. Utilities ________
f. Child Care ________ f. Child Care ________
f. Child Care ________
g. Medical Expenses ________ g. Medical Expenses ________
g. Medical Expenses ________
h. Other ________ h. Other ________
h. Other ________
2.
I have the following dependents living with me:
_______________________________________________________________.
3.
I have no substantial property other than my clothes,
personal effects, and household furnishings. I have ____
vehicle(s):
______________________.
(list make, model, year)
The balance of any checking account I have is $______. The
balance of any savings account or other account I have is $______.
I have $_______ in cash in my possession.
4.
I am unable to pay the fee. Nevertheless, I wish to file my
petition for a Declaration of Origin. I verify that the statements
made in this affidavit are true and correct.
__________________________
(Your Signature)
__________________________
(Your Printed Name)
__________________________
(Your Address)
__________________________
(Your City, State, Zip)
__________________________
(Your Phone Number)
Before me, the undersigned authority, on this day personally
appeared _________________________, who after being duly sworn, on
oath states the foregoing statements are within his or her personal
knowledge and true and correct.
SUBSCRIBED AND SWORN to this _____ day of ________________,
20___.
__________________________
Notary Public, State of Texas
Sec. 140.005. APPLICATION FOR DELAYED BIRTH CERTIFICATE FOR
AN INDIVIDUAL BORN IN TEXAS. (a) A court may not issue a
declaration of origin for an individual who declares on the
petition for declaration of origin that the individual was born in
this state unless:
(1) the individual has applied to a local registrar of
births and deaths for the issuance of a delayed birth certificate
under Subchapter B, Chapter 192, Health and Safety Code; and
(2) the state registrar of vital statistics refuses to
issue the certificate.
(b) An individual may establish a refusal of the state
registrar of vital statistics to issue a delayed birth certificate
for the individual by submitting to the court the state registrar's
statement of the reasons for the refusal required under Section
192.026(b)(1), Health and Safety Code.
Sec. 140.006. PROOF. (a) A court shall issue a declaration
of origin for an individual if the court finds that the individual
has shown by a preponderance of the evidence the individual's place
and date of birth.
(b) An individual may satisfy the showing required under
Subsection (a) through:
(1) the sworn testimony of a witness; or
(2) affidavits from two or more credible witnesses who
have knowledge of relevant and material facts concerning the place
and date of birth of the individual.
(c) An individual may also submit any other relevant and
credible evidence to the court, including:
(1) a family Bible or other central text of a religion;
or
(2) a marriage certificate.
Sec. 140.007. ISSUANCE. (a) A declaration of origin for an
individual issued by a court must establish the individual's place
and date of birth, including, if applicable:
(1) the city or county, or both the city and county, of
birth;
(2) the state of birth;
(3) zip code information; and
(4) location of birth in a territory of the United
States, a Native American reservation, or a federal military base
or installation.
(b) The declaration of origin issued by a court must be in
substantially the following form:
DECLARATION OF ORIGIN
State of TexasCourt________________
County of ____________No.__________________
Name of Petitioner:
_____________________________
This Declaration of Origin for Petitioner establishes the
identity of the Petitioner in Texas for all purposes, in the same
manner as a driver's license or personal identification card issued
by the Department of Public Safety.
FINDINGS:
The court makes the following findings regarding the place
and date of birth of the Petitioner:
1. The Petitioner's place of birth is:
___________________________________________________
2. The Petitioner's date of birth is:
___________________________________________________
3. The court makes additional findings relating to
Petitioner as follows:
___________________________________________________
___________________________________________________
Judge _____________________________________________
Date __________________________________
Sec. 140.008. RECORDING. On presentation of a declaration
of origin issued by a court under this chapter by an individual to a
state agency or to an agency of a political subdivision of this
state, the agency shall accept the declaration as proof of the place
and date of birth of the individual and enter that information into
the permanent records of the agency.
SECTION 2. Section 192.026(b), Health and Safety Code, is
amended to read as follows:
(b) On the state registrar's refusal to register a
certificate under Subsection (a), the state registrar shall:
(1) furnish the applicant a statement of the reasons
for the refusal; [and]
(2) advise the applicant of the right to appeal to the
county court for probate matters of the county in which the birth
occurred, as provided by Section 192.027; and
(3) advise the applicant:
(A) of the nature of a declaration of origin
under Chapter 140, Civil Practice and Remedies Code; and
(B) that the applicant may request a court to
issue a declaration of origin as provided by that chapter.
SECTION 3. Section 192.026(b), Health and Safety Code, as
amended by this Act, applies to a refusal by the state registrar of
vital statistics to register a delayed birth certificate that
occurs on or after the effective date of this Act, without regard to
whether the application for the certificate commenced before, on,
or after that date.
SECTION 4. This Act takes effect September 1, 2011.
AMOUNT SOURCE OR DESCRIPTION
a) Public Benefits ______ _____________________
b) Net Employment ______ _____________________
c) Other Income ______ _____________________
d) Child Support ______ _____________________
e) Spouse Income ______ _____________________
(if available) ______ _____________________
AMOUNT
a. Housing ________
b. Transportation ________
c. Food ________
d. Clothing ________
e. Utilities ________
f. Child Care ________
g. Medical Expenses ________
h. Other ________