PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 181. VITAL STATISTICS

SUBCHAPTER E. DELAYED REGISTRATION

25 TAC §181.62

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to 25 TAC §181.62, concerning Documentary Evidence; Requirements and Acceptability.

BACKGROUND AND PURPOSE

The purpose of this amendment is to assist people seeking a delayed registration of birth, despite having contradictory documents regarding parentage. Under the current rule, people are unable to obtain a delayed registration of birth if documents presented to the State Registrar contain contradictory information. An inability to obtain a birth certificate may impact a person's ability to obtain state-issued identification documents, passports, or possibly other governmental benefits. This rule change would assist persons unable to have their birth recorded by requiring that documents not be contradictory on name, date and place of birth, and the identity of one parent. If there are contradictory documents regarding the second parent, the proposed amendment would require that the second parent will not be recorded and the field for that parent remain blank on any birth certificate issued.

The amendment also clarifies the number and types of acceptable documents to submit with a request to record a delayed registration of birth.

SECTION-BY-SECTION SUMMARY

The amendment to §181.62(a)(1)(A) and (B) states the name of the person and the date and place of birth shall be supported by at least two documents, only one of which may be an affidavit of personal knowledge, if the birth occurred at least four years but less than 15 years before the date of the application; or three documents, only one of which may be an affidavit of personal knowledge, if the birth occurred 15 or more years before the date of the application.

The amendment to §181.62(b)(5) states that documents shall not contain contradictory information regarding the person's name, date and place of birth, and the identity of one parent. If documents contain contradictory information regarding a second parent, then no information for the second parent will be recorded or entered on any birth certificate issued.

FISCAL NOTE

Donna Sheppard, DSHS Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

DSHS has determined that during the first five years that the rule will be in effect:

(1) the proposed rule will not create or eliminate a government program;

(2) implementation of the proposed rule will not affect the number of DSHS employee positions;

(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;

(4) the proposed rule will not affect fees paid to DSHS;

(5) the proposed rule will not create a new rule;

(6) the proposed rule will not expand, limit, or repeal existing rules;

(7) the proposed rule will not change the number of individuals subject to the rule; and

(8) the proposed rule will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Donna Sheppard has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses, and rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rule will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Dr. Manda Hall, Associate Commissioner, has determined that for each year of the first five years the rule is in effect, the public will benefit from having the ability to obtain delayed birth certificates from the State Registrar, without being referred to court, despite having contradictory documents on parentage for one parent.

Donna Sheppard has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the rule doesn't impose any additional costs on applicants for delayed birth certificates.

TAKINGS IMPACT ASSESSMENT

DSHS has determined that the proposal does 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, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247; street address 701 West 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 21 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R029" in the subject line.

STATUTORY AUTHORITY

The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Health and Safety Code §191.003, which authorizes rules necessary for the effective administration of Vital Statistics Records; Texas Health and Safety Code §192.022, which authorizes rules for filing applications with the State Registrar for delayed birth certificates; and Texas Health and Safety Code §1001.075, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001.

The amendment will implement Texas Government Code Chapter 531 and Texas Health and Safety Code Chapters 191, 192, and 1001.

§181.62.Documentary Evidence; Requirements and Acceptability.

(a) To be acceptable for registration:[,]

(1) the name of the person at the time of the birth and the date and place of birth entered on a delayed registration of birth shall be supported by at least:

(A) two documents, only one of which may be an affidavit of personal knowledge, if the birth occurred at least four years but less than 15 years before the date of the application; or

(B) three documents, only one of which may be an affidavit of personal knowledge, if the birth occurred 15 or more years before the date of the application; and

(2) [(1)] at least one piece of acceptable documentary evidence shall [that will] establish to the satisfaction of the State Registrar the name of at least one parent. [the parent(s);]

[(2) three pieces of acceptable documentary evidence that will establish to the satisfaction of the State Registrar the facts and date of birth as alleged in the application; and]

[(3) facts of parentage shall be supported by at least one document.]

(b) The State Registrar shall determine the acceptability of all documentary evidence submitted.

(1) Documents must be from independent sources and shall be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document.

(2) Documents may include but are not limited to:

(A) census records;

(B) hospital records;

(C) military records;

(D) Social Security records;

(E) school records; or

(F) other documents as designated by the State Registrar.

(3) For persons 15 years of age or older, all documents submitted in evidence, other than an affidavit of personal knowledge, must be at least five [5] years old.

(4) At least one [1] document submitted in evidence should have been created within the first 10 years of life.

(5) Documents shall not contain [be] contradictory information regarding the person's name, date of birth, and place of birth. The identity of at least one parent must be established by information that does not contradict any other information available to the State Registrar. If documents contain contradictory information regarding a second parent, and the delayed certificate of birth is accepted for registration, then no information for the second parent will be recorded on the certificate.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 10, 2023.

TRD-202301709

Cynthia Hernandez

General Counsel

Department of State Health Services

Earliest possible date of adoption: June 25, 2023

For further information, please call: (512) 776-7646