(a)(No change.) (b)A registered, certified, or documented health care provider's signature on the birth certificate, or participation in electronic birth registration shall serve as prima facie evidence of the essential elements of proof required in subsection (c) of this section. The Local Registrar [local registrar] may accept certificates by mail when the signature of the registered, certified, or documented health care provider is on file with that registrar's office. (c)The essential elements to register a non-institutional birth are: (1)evidence [proof] of pregnancy; (2)evidence [proof] that there was an infant born alive; (3)evidence [proof] that the birth occurred in the registration district; and (4)evidence [proof] that the infant's birth occurred on the date stated. (d)Evidence of pregnancy, such as but not limited to: (1)prenatal record; (2)a statement from a physician or other health care provider qualified to determine pregnancy; (3)a home visit by a public health nurse or other health care provider; or (4)other evidence acceptable to the Local Registrar. (e)Evidence that there was an infant born alive, such as, but not limited to: (1)a statement from the physician or other health care provider who saw or examined the infant; (2)an observation of the infant during a home visit by a public health nurse; or (3)other evidence acceptable to the Local Registrar. (f)Evidence that the birth occurred in the registration district, such as, but not limited to the following. (1)If the live birth occurred in the mother's residence: (A)a rent receipt that includes the mother's name and address; (B)any type of utility, telephone, or other bill that includes the mother's name and address; (C)a credit or debit card receipt that includes the date and location of the transaction; (D)a driver's license, or a State-issued identification card, which includes the mother's current residence on the face of the license/card; or (E)other evidence acceptable to the Local Registrar. (2)If the live birth occurred outside of the mother's place of residence, and the mother is a resident of this State, such evidence shall consist of: (A)an affidavit from the tenant of the premises where the live birth occurred, that the mother was present on those premises at the time of the live birth; (B)evidence of the affiant's residence similar to that required in paragraph (1) of this subsection; (C)evidence of the mother's residence in the State similar to that required in paragraph (1) of this subsection; or (D)other evidence acceptable to the Local Registrar. (3)If the mother is not a resident of this State, such evidence must consist of clear and convincing evidence acceptable to the Local Registrar. (g)Evidence that infant's birth occurred on the date stated, includes but is not limited to: (1)prenatal record; (2)a statement from a physician or other health care provider qualified to determine the date of birth; or (3)other evidence acceptable to the Local Registrar. (h) [(d)] A birth as described in subsection (c) of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and registering of the certificate. An identifying document, with photograph, shall be presented in the following order of preference: (1)a passport or certificate of naturalization; (2)a military service or military dependent identification card; (3)a United States government identification card, or national identification card issued by another country; (4)a current driver's license or other state identification card; (5)an alien registration receipt card; or (6)an employee or student identification card, with photograph. [(e)At the discretion of the local registrar, the requirements contained in this section may be supplemented with any additional requirements which may be needed to verify the circumstances of the birth. Such additional requirements may include, but are not limited to, one or more of the following:] [(1)an unannounced visit to the mother's residence or the place of the alleged birth by a public health nurse, other health professional, registrar staff, or other person including city, county, state, or federal law enforcement officer, prior to registering the alleged birth. This paragraph does not permit nor give authority to enter these premises unless permission is obtained from the occupant at the time of the visit;] [(2)multiple forms of identifying documents, with or without photographs, when the documents described in this section are unavailable;] [(3)personal appearance of both parents, either together or separately; or] [(4)personal appearance of the infant whose birth certificate the parents are attempting to file.] [(f)If the required or supplemental evidence described in this section is not available and the registrar is otherwise unable to verify the circumstances of the birth, the birth may only be filed upon order of a court of competent jurisdiction.] (i) [(g)] A certificate of birth concerning a child who is between one and four years of age may only be filed by the State Registrar [state registrar]. The State Registrar [state registrar] shall require the same proof and documentation as previously mentioned in this section and, in addition, an affidavit of the parents and the attendant, if any, as to why the certificate was not timely filed. If the proof and documentation are not available, the certificate may only be filed as prescribed by the Health and Safety Code, §192.027. (j) [(h)] Each Local Registrar [local registrar] shall notify the State Registrar's [state registrar's] office of any suspicious documents or records submitted or filed with his/her office. (k) [(i)] Blank birth certificate forms shall only be issued to licensed institutions, certified nurse midwives, documented midwives, and individuals by the Local Registrar [local registrar] or the State Registrar [ state registrar] in reasonable amounts. No blank birth certificate forms shall be distributed by mail to any one other than a registered, certified, or documented health care provider. [(j)Each local registrar shall maintain a record of the number of blank birth certificate forms and their control number issued to each individual. The local registrar shall submit a copy of this record to the state registrar on a monthly basis.]
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on February 1, 2013
TRD-201300422 Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: March 17, 2013
For further information, please call: (512) 776-6972
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