The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Applicant--A person who requests a service pertaining
to a record of birth or death, verification of marriage or divorce,
or release of personal data. (Also, see definition for properly qualified
applicant).
(2) Birth records--Records governing births filed pursuant
to the Texas Vital Statistics Act, the Health and Safety Code, Title
3.
(3) Certified--A certified statement, form, or letter,
of the facts stated on the form or document as filed in the Vital
Statistics Unit, certified by the State Registrar or duly appointed
designee, over the respective signature and may bear the seal of the
Vital Statistics Unit.
(4) Certified copy--An abstract or photocopy of the
original record issued as filed with the Vital Statistics Unit, and
issued on a designated form or security paper which shall bear the
"state seal," the Texas Department of State Health Services, Vital
Statistics Unit or the seal of their office, and the facsimile signature
of the State Registrar or the local registration official.
(5) Dead body--A lifeless human body or such parts
of the human body or the bones thereof from the state of which it
may be reasonably concluded that death occurred.
(6) Disinterment--To exhume, unbury, or take out of
the grave.
(7) Death records--Records governing deaths and fetal
deaths filed pursuant to the Texas Vital Statistics Act.
(8) Department--The Texas Department of State Health
Services, formerly known as the Texas Department of Health.
(9) Embalming--The act of disinfecting or preserving
a human dead body, entire or in part, by the use of chemical substances,
fluids, or gases in the body; or by the introduction of the same into
the body by vascular or hypodermic injection; or by direct application
into the organs or cavities; or by any other method intended to disinfect
or preserve a dead body or restore body tissues and structures.
(10) Fetal death (stillbirth)--Death prior to the complete
expulsion or extraction from its mother of a product of conception,
irrespective of the duration of pregnancy; the death is indicated
by the fact that after such separation, the fetus does not breathe
or show any other evidence of life such as beating of the heart, pulsation
of the umbilical cord, or definite movement of voluntary muscles.
(11) Genealogist--An individual who traces the descent
of persons or families. He or she may be an individual family member
or a person hired by the family to trace a family tree or do family
research.
(12) Identification of applicant--Each applicant must
present a current form of government issued photo identification along
with his or her application. If the applicant is unable to present
a current form of photo identification, two valid supporting forms
of identification may be presented, one of which bears the applicant's
signature.
(13) Immediate family member--The registrant, his or
her guardian, or the children, spouses, parents, siblings, or grandparents
of the registrant.
(14) Indexes--An index to or listing of birth records,
death records, applications for marriage licenses, and reports of
divorce or annulment of marriage.
(A) Consolidated indexes--These indexes are vital records
consisting of more than one event year. Consolidated indexes may be
prepared for any vital event at the discretion of the State Registrar
in the form prescribed.
(B) General birth and death indexes--These indexes
are maintained or established by the Vital Statistics Unit or a local
registration official which shall be prepared by event year, in alphabetical
order by surname of the registrant, followed by any given names or
initials, the date of the event, the county of occurrence, the state
or local file number, the name of the father, the maiden name of the
mother, and sex of the registrant.
(C) Summary birth and death index--These indexes are
maintained or established by the Vital Statistics Unit or a local
registration official which shall be prepared by event year, in alphabetical
order by surname of the registrant, followed by any given names or
initials, the date of the event, the county of occurrence, and sex
of the registrant.
(15) Interment--Burial or the act of placing in a grave.
(16) Legal representative (personal representative
or agent)--An attorney in fact, a funeral director, or any other person
designated by affidavit, contract, or court order acting on behalf
and for the benefit of the registrant or his or her immediate family.
In order to determine the need for protection for personal property
rights when the legal representative is acting on behalf and for the
benefit of the registrant or the registrant's immediate family or
other entity having a direct and tangible interest in the record,
the State Registrar, Local Registrar, or county clerk shall require
a designation document or an attested statement to that effect.
(17) Live birth--The complete expulsion or extraction
from its mother of a product of conception, irrespective of the duration
of pregnancy, which, after such separation, breathes or shows any
other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles, whether
or not the umbilical cord has been cut or the placenta is attached;
each product of such a birth is considered live born.
(18) Local registration official--A county clerk or
person authorized by the Vital Statistics Act to maintain a duplicate
system of records for each birth, death, or fetal death that occurs
in the person's jurisdiction.
(19) Non-institutional birth--A birth occurring outside
a hospital or birthing center licensed by the Texas Department of
State Health Services.
(20) Person in charge of interment--Any person who
places or causes to be placed a fetus, dead body or the ashes, after
cremation, in a grave, vault, urn, or other receptacle, or otherwise
disposes thereof.
(21) Properly qualified applicant (qualified applicant)--The
registrant, or immediate family member either by blood, marriage or
adoption, his or her guardian, or his or her legal agent or representative.
Local, state and federal law enforcement or governmental agencies
and other persons may be designated as properly qualified applicants
by demonstrating a direct and tangible interest in the record when
the information in the record is necessary to implement a statutory
provision or to protect a personal legal property right. A properly
qualified applicant may also be a person who has submitted an application
for a request to release personal information and has been approved
as outlined in §181.11 of this title (relating to Requests for
Personal Data).
(22) Registrant--The individual named on the certificate
of birth, death, or fetal death; application for marriage license;
or report of divorce or annulment of marriage.
(23) Registrar--The State Registrar or a Local Registrar
as recognized by the Texas Department of State Health Services, Vital
Statistics Unit.
(24) Research copy--A plain paper noncertified reproduction
of the complete original document or a portion of the original document.
(25) Search--The act of examining the files and/or
indexes maintained by the Vital Statistics Unit for a specific record
or information.
(26) Signature--The name of a person written with his
or her own hand; or by an electronic process approved by the State
Registrar.
(27) State Registrar--The Unit Director of the Vital
Statistics Unit, Texas Department of State Health Services.
(28) Supplemental Birth Certificate--A new birth certificate
prepared and filed by the Vital Statistics Unit, which is based upon
a paternity determination, or adoption. This new birth certificate
replaces the original certificate of birth.
(29) Birth Verification--A noncertified statement only
of the registrant's name, date of birth, and place of birth as it
appears on the birth index filed with the Vital Statistics Unit.
(30) Death Verification--A noncertified statement only
of the registrant's name, date of death, and place of death as it
appears on the death index filed with the Vital Statistics Unit.
(31) Fetal Death Verification--A noncertified statement
only of the registrant's name, date of delivery, and place of delivery
as it appears on the fetal death index filed with the Vital Statistics
Unit.
(32) Marriage Verification--A noncertified statement
only of the registrant's name, date of marriage, and place of marriage
as it appears on the application for marriage license index filed
with the Vital Statistics Unit.
Cont'd... |
