PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 181. VITAL STATISTICS
SUBCHAPTER E. DELAYED REGISTRATION
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §181.62, concerning Documentary Evidence; Requirements and Acceptability.
The amendment to §181.62 is adopted without changes to the proposed text as published in the May 26, 2023, issue of the Texas Register (48 TexReg 2657). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment assists people seeking a delayed registration of birth, despite having contradictory documents regarding parentage. Under the previous rule, people were unable to obtain a delayed registration of birth if documents presented to the State Registrar contained contradictory information. An inability to obtain a birth certificate may impact a person's ability to obtain state-issued identification documents, passports, or other governmental benefits. This rule change assists 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 amendment requires that the second parent 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.
COMMENTS
The 21-day comment period ended June 16, 2023.
During this period, DSHS did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is adopted under 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, and 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 agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 28, 2023.
TRD-202302355
Cynthia Hernadez
General Counsel
Department of State Health Services
Effective date: July 18, 2023
Proposal publication date: May 26, 2023
For further information, please call: (512) 776-7646