By: Farney, et al. (Senate Sponsor - Zaffirini) H.B. No. 2794
(In the Senate - Received from the House May 12, 2015;
May 13, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a delayed birth certificate; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0021(b), Government Code, is amended
to read as follows:
(b) A statutory probate court as that term is defined in
Section 22.007, Estates [3(ii), Texas Probate] Code, has:
(1) the general jurisdiction of a probate court as
provided by the Estates [Texas Probate] Code; and
(2) the jurisdiction provided by law for a county
court to hear and determine actions, cases, matters, or proceedings
instituted under:
(A) Section 166.046, [192.027,] 193.007,
552.015, 552.019, 711.004, or 714.003, Health and Safety Code;
(B) Chapter 462, Health and Safety Code; or
(C) Subtitle C or D, Title 7, Health and Safety
Code.
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
district [county] court with jurisdiction over [for probate matters
of] the county in which the birth occurred, or in the district court
with jurisdiction over the county in which the person resides, as
provided by Section 192.027.
SECTION 3. Section 192.027, Health and Safety Code, is
amended by amending Subsections (a) and (d) and adding Subsection
(b-1) to read as follows:
(a) If a delayed birth certificate is not accepted for
registration by the state registrar, the person may file a petition
in the district [county probate] court with jurisdiction over [of]
the county in which the birth occurred, or in the district court
with jurisdiction over the county in which the person resides, for
an order establishing a record of the person's date of birth, place
of birth, and parentage.
(b-1) The petition must include:
(1) the name and place of residence of the petitioner;
(2) whether the petitioner has been the subject of a
final felony conviction;
(3) whether the petitioner is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure; and
(4) a legible and complete set of the petitioner's
fingerprints on a fingerprint card format acceptable to the
Department of Public Safety and the Federal Bureau of
Investigation.
(d) If, after a hearing, the court finds from the evidence
submitted to the registrar and any other relevant evidence
presented by the person that the person was born in this state, the
court shall:
(1) make findings as to the person's date and place of
birth and parentage;
(2) make other findings required by the case; and
(3) enter an order on a form prescribed and furnished
by the department to establish a record of birth.
SECTION 4. Subchapter B, Chapter 192, Health and Safety
Code, is amended by adding Sections 192.028 and 192.029 to read as
follows:
Sec. 192.028. APPOINTMENT OF ATTORNEY AD LITEM. A judge of
a district court may appoint an attorney ad litem in a proceeding
under Section 192.027 to represent the interests of the person
seeking the delayed birth certificate.
Sec. 192.029. REFUSAL TO SIGN AFFIDAVIT OF PERSONAL
KNOWLEDGE. (a) A parent of a person who is seeking a delayed birth
certificate under this subchapter shall sign an affidavit of
personal knowledge acknowledging that the individual is the parent
of the person seeking the delayed birth certificate if:
(1) the person seeking a delayed birth certificate, a
managing conservator or guardian of the person, or, if the person is
a minor, another person with custody of the minor has requested the
person's parent to sign the affidavit of personal knowledge; and
(2) the parent's affidavit of personal knowledge is
necessary for the issuance of the birth certificate because the
person seeking the delayed birth certificate is unable to provide
sufficient alternative documentary evidence as required by Section
192.025.
(b) A parent shall sign an affidavit as described by
Subsection (a) not later than the 30th day after the date a request
is made as described by Subsection (a)(1).
(c) A person who is a parent of a person seeking a delayed
birth certificate and who fails to sign an affidavit of personal
knowledge as required by this section:
(1) commits an offense punishable as a Class B
misdemeanor if the request under Subsection (a)(1) is made on or
after the fourth anniversary of the date of birth but before the
15th anniversary of the date of birth; or
(2) commits an offense punishable as a Class A
misdemeanor if the request under Subsection (a)(1) is made on or
after the 15th anniversary of the date of birth.
SECTION 5. This Act takes effect September 1, 2015.
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