Texas 2015 - 84th Regular

Texas House Bill HB984 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Deshotel, et al. (Senate Sponsor - Creighton) H.B. No. 984
2	2	(In the Senate - Received from the House April 16, 2015;
3	3	May 4, 2015, read first time and referred to Committee on State
4	4	Affairs; May 18, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 8, Nays 0;
6	6	May 18, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 984 By: Creighton
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to birth records of adopted persons; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 192.008, Health and Safety Code, is
16	16	amended by amending Subsection (d) and adding Subsections (g) and
17	17	(h) to read as follows:
18	18	(d) Except as provided by Subsections (e), [and] (f), and
19	19	(g), only the court that granted the adoption may order access to an
20	20	original birth certificate and the filed documents on which a
21	21	supplementary certificate is based.
22	22	(g) The state registrar shall on written request provide to
23	23	a person who was adopted or, if the adopted person is deceased, an
24	24	adult descendant, adult sibling, surviving spouse, or adoptive
25	25	parent of the adopted person, a noncertified copy of the person's
26	26	original birth certificate if:
27	27	(1) the adopted person was born in this state;
28	28	(2) the request is made on or after the adopted
29	29	person's 18th birthday;
30	30	(3) a supplementary birth certificate was issued for
31	31	the adopted person; and
32	32	(4) the person requesting the certificate furnishes,
33	33	in person or by mail, appropriate proof of the person's identity.
34	34	(h) For a noncertified birth certificate provided under
35	35	Subsection (g), the state registrar shall collect a fee in an amount
36	36	equal to the fee charged for issuance of any other noncertified
37	37	birth certificate and issue the certificate within the time
38	38	prescribed for issuance of other noncertified birth certificates.
39	39	SECTION 2. Subchapter A, Chapter 192, Health and Safety
40	40	Code, is amended by adding Section 192.0085 to read as follows:
41	41	Sec. 192.0085. CONTACT PREFERENCE FORM AND SUPPLEMENTAL
42	42	MEDICAL HISTORY FORM. (a) The state registrar shall develop a
43	43	contact preference form on which a birth parent shall state the
44	44	birth parent's preference regarding contact by an adopted person
45	45	who is the biological offspring of the birth parent. The contact
46	46	preference form shall provide the birth parent with the following
47	47	options:
48	48	(1) authorize direct contact by the adopted person;
49	49	(2) authorize contact by the adopted person only
50	50	through an intermediary selected and identified by the birth
51	51	parent; or
52	52	(3) not authorize contact by the adopted person.
53	53	(b) The state registrar shall ensure that a birth parent who
54	54	authorizes contact through an intermediary identifies on the
55	55	contact preference form a person to serve as an intermediary and
56	56	includes on the form that person's contact information.
57	57	(c) The state registrar shall develop a supplemental
58	58	medical history form that allows a birth parent to provide
59	59	supplemental medical information in addition to the information
60	60	included in the adopted person's genetic history report provided
61	61	under Section 162.005, Family Code.
62	62	(d) The department shall make the contact preference form
63	63	and the supplemental medical history form available on the
64	64	department's Internet website and make copies of the forms
65	65	available in the state registrar's office.
66	66	(e) A birth parent may file a contact preference form and a
67	67	supplemental medical history form with the state registrar. The
68	68	birth parent may return the contact preference form and
69	69	supplemental medical history form together to the state registrar.
70	70	(f) A birth parent who authorizes direct contact by the
71	71	adopted person or contact by the adopted person through an
72	72	intermediary by filing the contact preference form with the state
73	73	registrar may not change that preference after the preference is on
74	74	file with the state registrar. A birth parent may provide updated
75	75	intermediary contact information as necessary.
76	76	(g) A birth parent who does not authorize contact by the
77	77	adopted person may choose to authorize direct contact by the
78	78	adopted person or contact by the adopted person through an
79	79	intermediary by filing a supplemental contact preference form with
80	80	the state registrar authorizing the contact.
81	81	(h) The state registrar shall provide copies of the birth
82	82	parent's contact preference form and supplemental medical history
83	83	form, if available, to an adopted person or other person authorized
84	84	to receive a noncertified copy of the adopted person's original
85	85	birth certificate under Section 192.008.
86	86	SECTION 3. Subchapter A, Chapter 162, Family Code, is
87	87	amended by adding Section 162.0061 to read as follows:
88	88	Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND FILING.
89	89	(a) The Department of Family and Protective Services or the
90	90	licensed child-placing agency, person, or other entity placing a
91	91	child for adoption shall:
92	92	(1) inform the birth parents of the child:
93	93	(A) of the provisions of Chapter 192, Health and
94	94	Safety Code, relating to the birth parent contact preference form
95	95	and the rights of an adopted child to obtain a noncertified copy of
96	96	the adopted person's original birth certificate; and
97	97	(B) that the birth parents are required to
98	98	provide a completed contact preference form to the Department of
99	99	Family and Protective Services or the licensed child-placing
100	100	agency, person, or other entity placing a child for adoption;
101	101	(2) provide the birth parents of the child with a
102	102	contact preference form; and
103	103	(3) forward each original completed contact
104	104	preference form to the state registrar.
105	105	(b) The notice to a child's birth parents required by this
106	106	section shall be provided at the time that the birth parent's
107	107	parental rights to a child are terminated.
108	108	(c) Except as provided by Subsection (d), a petition for
109	109	adoption may not be granted until a copy of each birth parent's
110	110	contact preference form has been filed.
111	111	(d) A court having jurisdiction of a suit affecting the
112	112	parent-child relationship may by order waive the contact preference
113	113	form filing requirement of this section if the child's birth
114	114	parents cannot be located or are deceased or the court determines
115	115	that it is in the best interest of the child to waive the
116	116	requirement.
117	117	SECTION 4. (a) The state registrar shall develop the
118	118	contact preference form and the supplemental medical history form
119	119	as required by Section 192.0085, Health and Safety Code, as added by
120	120	this Act, not later than January 1, 2016.
121	121	(b) Notwithstanding Section 192.008(g), Health and Safety
122	122	Code, as added by this Act, the state registrar is not required to
123	123	comply with that provision until July 1, 2016.
124	124	(c) The birth parent of a person who was adopted before
125	125	January 1, 2016, may file a contact preference form and a
126	126	supplemental medical history form with the state registrar not
127	127	later than July 1, 2016, and after that date at the discretion of
128	128	the state registrar. Notwithstanding Section 192.0085(f), Health
129	129	and Safety Code, as added by this Act, a birth parent may file a
130	130	supplemental contact preference form changing the birth parent's
131	131	contact preference at any time before July 1, 2016. The latest
132	132	contact preference form on file with the state registrar and filed
133	133	before that date controls.
134	134	SECTION 5. Section 162.0061, Family Code, as added by this
135	135	Act, applies only to a suit for adoption in which an order
136	136	terminating parental rights under Chapter 161, Family Code, is
137	137	rendered on or after January 1, 2016. A suit for adoption in which
138	138	an order terminating parental rights under Chapter 161, Family
139	139	Code, is rendered before January 1, 2016, is governed by the law in
140	140	effect immediately before the effective date of this Act, and the
141	141	former law is continued in effect for that purpose.
142	142	SECTION 6. This Act takes effect September 1, 2015.
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