| 1 | 1 | | 88R1204 EAS-D |
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| 2 | 2 | | By: Harris of Anderson, et al. H.B. No. 2006 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to birth records of adopted persons; authorizing a fee. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 192.008, Health and Safety Code, is |
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| 10 | 10 | | amended by amending Subsections (c) and (d) and adding Subsections |
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| 11 | 11 | | (g) and (h) to read as follows: |
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| 12 | 12 | | (c) The executive commissioner shall adopt rules and |
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| 13 | 13 | | procedures consistent with this section to ensure that birth |
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| 14 | 14 | | records and indexes under the control of the department or local |
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| 15 | 15 | | registrars and accessible to the general public do not contain |
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| 16 | 16 | | information or cross-references through which the confidentiality |
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| 17 | 17 | | of adoption placements may be directly or indirectly violated. The |
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| 18 | 18 | | rules and procedures may not interfere with the registries |
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| 19 | 19 | | established under Subchapter E, Chapter 162, Family Code, or with a |
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| 20 | 20 | | court order under this section. |
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| 21 | 21 | | (d) Except as provided by Subsections (e), [and] (f), and |
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| 22 | 22 | | (g), only the court that granted the adoption may order access to an |
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| 23 | 23 | | original birth certificate and the filed documents on which a |
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| 24 | 24 | | supplementary certificate is based. |
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| 25 | 25 | | (g) The state registrar shall on written request without a |
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| 26 | 26 | | court order provide to a person who was adopted or, if the adopted |
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| 27 | 27 | | person is deceased, an adult descendant, adult sibling, surviving |
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| 28 | 28 | | spouse, or adoptive parent of the adopted person, a noncertified |
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| 29 | 29 | | copy of the person's original birth certificate if: |
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| 30 | 30 | | (1) the adopted person was born in this state; |
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| 31 | 31 | | (2) the request is made on or after the adopted |
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| 32 | 32 | | person's 18th birthday; |
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| 33 | 33 | | (3) a supplementary birth certificate was issued for |
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| 34 | 34 | | the adopted person; and |
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| 35 | 35 | | (4) the person requesting the noncertified copy of |
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| 36 | 36 | | the original birth certificate provides, in person or by mail, |
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| 37 | 37 | | appropriate proof of the person's identity. |
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| 38 | 38 | | (h) For a noncertified copy of a person's original birth |
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| 39 | 39 | | certificate provided under Subsection (g), the state registrar |
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| 40 | 40 | | shall: |
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| 41 | 41 | | (1) collect a fee in an amount equal to the fee charged |
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| 42 | 42 | | for issuing a noncertified copy of a birth certificate; and |
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| 43 | 43 | | (2) issue the copy within the time prescribed for |
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| 44 | 44 | | issuance of other noncertified copies of birth certificates. |
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| 45 | 45 | | SECTION 2. Notwithstanding Sections 192.008(g) and (h), |
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| 46 | 46 | | Health and Safety Code, as added by this Act, the state registrar is |
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| 47 | 47 | | not required to comply with those provisions until July 1, 2024. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2023. |
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