Texas 2019 - 86th Regular

Texas House Bill HB2725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R12873 EAS-D
2		-	By: Calanni, Deshotel, Howard, Metcalf, H.B. No. 2725
3		-	Harris, et al.
	2	+	By: Calanni H.B. No. 2725
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to birth records of adopted persons; authorizing a fee.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 192.008, Health and Safety Code, is
11	10		amended by amending Subsection (d) and adding Subsections (g) and
12	11		(h) to read as follows:
13	12		(d) Except as provided by Subsections (e), [and] (f), and
14	13		(g), only the court that granted the adoption may order access to an
15	14		original birth certificate and the filed documents on which a
16	15		supplementary certificate is based.
17	16		(g) The state registrar shall on written request provide to
18	17		a person who was adopted or, if the adopted person is deceased, an
19	18		adult descendant, adult sibling, surviving spouse, or adoptive
20	19		parent of the adopted person, a noncertified copy of the person's
21	20		original birth certificate if:
22	21		(1) the adopted person was born in this state;
23	22		(2) the request is made on or after the adopted
24	23		person's 18th birthday;
25	24		(3) a supplementary birth certificate was issued for
26	25		the adopted person; and
27	26		(4) the person requesting the noncertified copy of
28	27		the original birth certificate provides, in person or by mail,
29	28		appropriate proof of the person's identity.
30	29		(h) For a noncertified copy of the person's original birth
31	30		certificate provided under Subsection (g), the state registrar
32	31		shall collect a fee in an amount equal to the fee charged for
33	32		issuance of a noncertified copy of a birth certificate and issue the
34	33		copy within the time prescribed for issuance of other noncertified
35	34		copies of birth certificates.
36	35		SECTION 2. Subchapter A, Chapter 192, Health and Safety
37	36		Code, is amended by adding Section 192.0085 to read as follows:
38	37		Sec. 192.0085. CONTACT PREFERENCE FORM AND SUPPLEMENTAL
39	38		MEDICAL HISTORY FORM. (a) The state registrar shall develop a
40	39		contact preference form for a birth parent to provide the birth
41	40		parent's preference regarding contact by the adopted person who is
42	41		the biological offspring of the birth parent. A birth parent may
43	42		complete a contact preference form for each child born to the parent
44	43		who is placed for adoption. The birth parent may select one of the
45	44		following options:
46	45		(1) the birth parent wishes to be directly contacted
47	46		by the adopted person;
48	47		(2) the birth parent wishes to be contacted by the
49	48		adopted person only through an intermediary selected and identified
50	49		by the birth parent; or
51	50		(3) the birth parent does not wish to be contacted by
52	51		the adopted person.
53	52		(b) The state registrar shall:
54	53		(1) include on the contact preference form a space for
55	54		a birth parent who wishes to be contacted through an intermediary to
56	55		identify a person to serve as the intermediary and provide that
57	56		person's contact information; and
58	57		(2) ensure the intermediary information required
59	58		under Subdivision (1) is completed on the form if that option is
60	59		selected by the birth parent.
61	60		(c) The state registrar shall develop a supplemental
62	61		medical history form for a birth parent to provide medical
63	62		information in addition to the information included in the adopted
64	63		person's genetic history report provided under Section 162.005,
65	64		Family Code.
66	65		(d) The department shall post on the department's Internet
67	66		website the contact preference form and the supplemental medical
68	67		history form and make copies of the forms available in the state
69	68		registrar's office.
70	69		(e) Instead of providing a contact preference form to a
71	70		person or other entity listed in Section 162.0061(a)(1)(B), Family
72	71		Code, a birth parent may directly file a contact preference form or
73	72		a supplemental medical history form with the state registrar.
74	73		(f) A birth parent who completes a contact preference form
75	74		and selects the option to be directly contacted by the adopted
76	75		person or the option to be contacted by the adopted person through
77	76		an intermediary may not change that selection after the form is on
78	77		file with the state registrar. A birth parent may modify the
79	78		intermediary contact information as necessary.
80	79		(g) A birth parent who completes a contact preference form
81	80		and selects the option not to be contacted by the adopted person may
82	81		subsequently file a supplemental contact preference form with the
83	82		state registrar electing direct contact by the adopted person or
84	83		contact by the adopted person through an intermediary.
85	84		(h) The state registrar shall provide a copy of the birth
86	85		parent's contact preference form and any available supplemental
87	86		medical history form to an adopted person or other person entitled
88	87		to receive a noncertified copy of the adopted person's original
89	88		birth certificate under Section 192.008.
90	89		SECTION 3. Subchapter A, Chapter 162, Family Code, is
91	90		amended by adding Section 162.0061 to read as follows:
92	91		Sec. 162.0061. CONTACT PREFERENCE FORM: NOTICE AND FILING.
93	92		(a) The Department of Family and Protective Services or the
94	93		licensed child-placing agency, person, or other entity placing a
95	94		child for adoption shall:
96	95		(1) inform the child's birth parents that:
97	96		(A) Chapter 192, Health and Safety Code, governs
98	97		the birth parent contact preference form and the right to obtain a
99	98		noncertified copy of the adopted person's original birth
100	99		certificate on or after the person's 18th birthday; and
101	100		(B) the birth parents may provide a completed
102	101		contact preference form to the Department of Family and Protective
103	102		Services, the licensed child-placing agency, person, or other
104	103		entity placing a child for adoption, or the state registrar;
105	104		(2) provide the child's birth parents with a contact
106	105		preference form; and
107	106		(3) forward each original completed contact
108	107		preference form to the state registrar.
109	108		(b) The notice to a child's birth parents required by this
110	109		section shall be provided at the time the birth parent's parental
111	110		rights to a child are terminated.
112	111		SECTION 4. (a) The state registrar shall develop the
113	112		contact preference form and the supplemental medical history form
114	113		as required by Section 192.0085, Health and Safety Code, as added by
115	114		this Act, not later than January 1, 2020.
116	115		(b) Notwithstanding Section 192.008(g), Health and Safety
117	116		Code, as added by this Act, the state registrar is not required to
118	117		comply with that provision until July 1, 2020.
119	118		(c) The birth parent of a person who was adopted before
120	119		January 1, 2020, may file a contact preference form and a
121	120		supplemental medical history form with the state registrar not
122	121		later than July 1, 2020, and after that date at the discretion of
123	122		the state registrar. Notwithstanding Section 192.0085(f), Health
124	123		and Safety Code, as added by this Act, a birth parent may file a
125	124		supplemental contact preference form modifying the birth parent's
126	125		contact preference at any time before July 1, 2020. The latest
127	126		contact preference form on file with the state registrar and filed
128	127		before that date controls.
129	128		SECTION 5. Section 162.0061, Family Code, as added by this
130	129		Act, applies only to a suit for adoption in which an order
131	130		terminating parental rights under Chapter 161, Family Code, is
132	131		rendered on or after January 1, 2020. A suit for adoption in which
133	132		an order terminating parental rights under Chapter 161, Family
134	133		Code, is rendered before January 1, 2020, is governed by the law in
135	134		effect immediately before the effective date of this Act, and the
136	135		former law is continued in effect for that purpose.
137	136		SECTION 6. This Act takes effect September 1, 2019.