The Texas Department of Health (department) proposes amendments to §§181.1 - 181.11, 181.13, 181.14, 181.21, 181.23 - 181.32, and 181.41 - 181.47; repeal of §§181.22, 181.48 and 181.49; and new §181.22 for administrative procedures, issuance of vital records events and statistical information, and the Central Adoption Registry of the Bureau of Vital Statistics.

Specifically, the amendments cover the following: Subchapter A clarifies key vital statistics words and terms; provides instructions and requirements for the preservation, transportation, and final disposition of dead bodies; set requirements regarding access, confidentiality and filing of supplemental birth certificates, fetal death certificates, and requests for personal data; and defines the form and content of birth, death, and fetal death certificates. Subchapter B provides instructions, sets requirements, and fees for issuance of certified copies, and registration of birth and death records; defines who can prescribe the form and context of the marriage application form; sets minimum requirements for adoption reporting and index access; and establishes notification, maintenance, and preservation requirements for out-of-business child-placing agencies' records. Subchapter C establishes rules for notifying adoptive parents about the Central/Voluntary Adoption Registry; defines the duties, responsibilities and fees associated with the voluntary adoption registries; and provides guidelines pertaining to the confidentiality, notification and the release of information. The repeals cover Confidentiality of Records Maintained by Each Registry and Fee Requirement for the Central Adoption Registry. The new section proposed covers Fees Charged for Vital Records Services.

The Government Code §2001.039 requires state agencies to review all rules that became final prior to September 1, 1997, pursuant to the Government Code, Chapter 2001 (Administrative Procedures Act). Title 25 Texas Administrative Code (TAC), Chapter 181, Rules §§181.1 - 181.11, 181.13, 181.14, 181.21 - 181.32, and 181.41 - 181.49 has been reviewed in its entirety, and the department has determined that the rules should continue to exist.

A Notice of Intention to Review for §§181.1 - 181.11, 181.13, 181.14, 181.21 - 181.32, and 181.41 - 181.49 was published in the November 17, 2000, issue of the Texas Register (25 TexReg 11528). No comments were received as a result of the publication of this notice.

As a result of the review, the department is amending its existing rules located at Title 25, Chapter 181 to satisfy the requirements of Government Code §2001.039; to clarify existing language; to consolidate similar requirements, i.e., fees charged; to add formal hearing requirements; and to delete language that is no longer necessary.

Debra F. Owens, Chief and State Registrar, Bureau of Vital Statistics has determined that for each year of the first five years, there will be no fiscal implications to state or local government as a result of administering the sections as proposed. There will no adverse economic effect on micro-businesses, small businesses or to persons who are required to comply the sections as proposed. This was determined by interpretation of the rules, which address only access of individual persons rather than micro-businesses or small businesses to vital records, and which afford applicants for hearings the practical options of obtaining less costly legal services than might be required in a contested case hearing before the State Office of Administrative Hearings, or electing to proceed without counsel. Furthermore, the proposed sections require no actions for compliance by micro-businesses or small businesses.

Ms. Owens has also determined that for each year of the first five years the sections are in effect, the public benefits anticipated as a result of administering the section as proposed will be an increased protection of vital records events and statistical information. There will be no fiscal implications to local employment as a result of administering the sections as proposed.

Comments on the proposed rules may be submitted to Debra F. Owens, Chief and State Registrar, Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3191, (512) 458-7366. Public comments will be accepted for 60 days after publication in the Texas Register.

The amendments and new section are proposed under authority of the Health and Safety Code, §191.003, which provides the Board of Health with authority to adopt necessary rules for collecting, recording, transcribing, compiling, and preserving vital statistics; and §12.001 which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, department and the Commissioner of Health.

The proposed sections affect Health and Safety Code, §191.003.