The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (department), proposes amendments to §§181.1, 181.2, 181.6, 181.8 - 181.11, 181.13, 181.21 - 181.34, and 181.42 - 181.45 and new §§181.35, 181.50 - 181.54, and 181.60 - 181.65, concerning the administration and registration of vital statistics records.

BACKGROUND AND PURPOSE

Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act), according to the schedule listed therein. Sections 181.1, 181.2, 181.6, 181.8 - 181.11, 181.13, 181.21 - 181.34, and 181.42 - 181.45 have been reviewed, and the department has determined that the rules should continue to exist, with the amendments, because rules on this subject are needed.

SECTION-BY-SECTION SUMMARY

The amendment to §181.1 updates definitions by adding a new definition for "Vital Statistics Unit;" deleting the definition for the "Bureau of Vital Statistics;" and revising various definitions to update legacy agency references.

The amendments to §§181.2, 181.9, 181.11, 181.13, 181.22, 181.23, 181.24, 181.27, 181.29 - 181.32, 181.34, and 181.42 - 181.45 clarify existing language and update legacy agency references from the "Bureau of Vital Statistics" to the "Vital Statistics Unit."

The amendments to §181.6 update recent operational changes, clarifying the responsibility of the State Registrar and Local Registrar's responsibility to file the disinterment permit as opposed to amending the certificate. This is in accordance with House Bill (HB) 2927, 81st Legislature, Regular Session, 2009, which amended Health and Safety Code, Chapter 711, relating to the regulation of cemeteries by state and local government.

Amendments to §181.8 update recent operational changes to enhance the confidentiality of adoption records by shredding paper birth records using a cross cut paper shredder and removing any birth records stored in electronic format from storage media in accordance with the National Institute of Standards and Technologies (NIST) "Guidelines for Media Sanitation" (Publication SP-800-88). The amendments also clarify the submittal of Acknowledgement of Paternity documents and update legacy agency references.

Amendments to §181.10 update legacy agency references and clarify the method of availability of birth record copies.

An amendment to §181.11 revises the legal reference in the Health and Safety Code from §191.005 and §192.006 to §191.0045.

The amendment to §181.21 clarifies the criteria for refusal of issuance of records.

The amendment to §181.25 updates legacy agency references and complies with legislative mandates in House Bill (HB) 3666, 81st Legislature, Regular Session, 2009, relating to the application for the issuance of a marriage license which amended Family Code, Subchapter C, §2.209, "Duplicate License."

The amendment to §181.26 updates recent operational changes and clarifies existing language regarding the filing of birth certificates for infants born outside of a licensed institution.

The amendments to §181.28 update recent operational changes, clarify existing language, and address recommendations of Rider 72, 82nd Legislature, 2011, the 2006 Internal Audit, and the 2009 State Audit to issue birth certificates only to qualified applicants.

The amendments to §181.33 update legacy agency references and update obsolete language relative to the completion of a certificate of death.

New §181.35 complies with legislative mandates in HB 3666, 81st Legislature, Regular Session, 2009, which amended Family Code, Subchapter B, §2.102, "Parental Consent of Underage Applicants to Marriage," relating to the application for the issuance of a marriage license.

The amendments to §§181.42 - 181.45 update policies and procedures concerning the Central Adoption Registry.

New §§181.50 - 181.54 concern birth registration, certification requirements and procedures, continuing education requirements and application for Birth Registrar certification and recertification.

New §§181.60 - 181.65 concern delayed birth certification; requirements and acceptability of documentation; verification by the State Registrar; and dismissal after non-completion of application within one year.

FISCAL NOTE

Geraldine Harris, Unit Director of the Vital Statistics Unit, has determined that for each year of the first five years that the sections are in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the sections as proposed.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

Ms. Harris has also determined that there will be no adverse economic costs to small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the sections.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

Additionally, Ms. Harris has also determined that for each year of the first five years the sections are in effect, the public will benefit from their adoption. These rules impact the people of Texas whose vital records are stored and safeguarded by the Texas Vital Statistics Unit.

REGULATORY ANALYSIS

The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKING IMPACT ASSESSMENT

The department has determined that the proposed rules do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Albert Rivera, Health Information and Vital Statistics, Vital Statistics Unit, Department of State Health Services, Mail Code 1966, P.O. Box 149347, Austin, Texas 78714-9347, telephone (512) 776-7696 or albert.rivera@dshs.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

LEGAL CERTIFICATION

The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the proposed rules have been reviewed by legal counsel and found to be within the state agencies' authority to adopt.

STATUTORY AUTHORITY

The amendments and new rule are authorized by Health and Safety Code, §191.002, which authorizes rules necessary for the effective administration of Vital Statistics Records; Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.

The amendments and new rule affect Health and Safety Code, Chapters 191 and 1001; and Government Code, Chapter 531.