HEALTH AND SAFETY CODE CHAPTER 191. …

1 HEALTH AND SAFETY CODETITLE 3. VITAL STATISTICSCHAPTER 191. ADMINISTRATION OF VITAL statistics RECORDSSUBCHAPTER A. GENERAL PROVISIONSSec. this title:(1)AA"Department" means the Department of State HealthServices.(2)AA"Executive commissioner" means the executivecommissioner of the HEALTH and Human Services Commission.(3)AA"Vital statistics unit" means the vital statisticsunit established in the Department of State HEALTH 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, by:Acts 2015, 84th Leg., , Ch. 1 ( ), Sec. ,eff.

2 April 2, IN OTHER reference inother law to the bureau of vital statistics of the department or ofthe former Texas Department of HEALTH means the vital statisticsunit established in the by Acts 2015, 84th Leg., , Ch. 1 ( ), Sec. ,eff. April 2, AND DUTIES OF DEPARTMENT. (a) Thedepartment shall administer the registration of vital statistics .(b)AAThe department shall:(1)AAestablish a vital statistics unit in thedepartment with suitable offices that are properly equipped for thepreservation of its official records;(2)AAestablish a statewide system of vital statistics ;(3)AAprovide instructions and prescribe forms forcollecting, recording, transcribing, compiling, and preservingvital statistics ;(4)AArequire the enforcement of this title and rulesadopted under this title.

3 1(5)AAprepare, print, and supply to local registrarsforms for registering, recording, and preserving returns orotherwise carrying out the purposes of this title; and(6)AApropose legislation necessary for the purposes ofthis title.(c)AAThe department may use birth records and provide thoserecords on request to other state agencies for programs notifyingmothers of young children about children s HEALTH 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, by:Acts 2015, 84th Leg., , Ch. 1 ( ), Sec. ,eff. April 2, AND DUTIES OF EXECUTIVE COMMISSIONERAND DEPARTMENT.

4 (a)AAThe executive commissioner shallAAadoptnecessary rules for collecting, recording, transcribing,compiling, and preserving vital statistics .(a-1)AAThe department shall:(1)AAsupervise the vital statistics unit; and(2)AAappoint the director of the vital statistics unit.(b)AAIn an emergency, the executive commissioner may suspendany part of this title that hinders the uniform and efficientregistration of vital events and may substitute emergency rulesdesigned to expedite that registration under disaster 1989, 71st Leg.

5 , ch. 678, Sec. 1, eff. Sept. 1, by:Acts 2015, 84th Leg., , Ch. 1 ( ), Sec. ,eff. April 2, COPIES BY stateregistrar or a local registrar may not issue a certified copy of arecord under this CHAPTER to a person who has applied for the recordby mail unless the person has provided notarized proof of identityin accordance with rules adopted by the executive commissioner ofthe HEALTH and Human Services rules may requirethe issuer of the certified copy to verify the notarization usingthe records of the secretary of state under ,2 Government by Acts 2015, 84th Leg.

6 , , Ch. 837 ( ), Sec. ,eff. September 1, REGISTRAR. (a)AAThe director of thevital statistics unit is the state registrar of vital director must be a competent vital statistician.(b)AAThe state registrar shall prepare and issue detailedinstructions necessary for the uniform observance of this title andthe maintenance of a perfect system of 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, by:Acts 2015, 84th Leg., , Ch. 1 ( ), Sec. ,eff. April 2, (a)AAThe department may collect feesfor providing services to the public and performing otheractivities in connection with maintenance of the vital statisticssystem, including:(1)AAperforming searches of birth, death, fetal death,marriage, divorce, annulment, and other records;(2)AApreparing and issuing copies and certified copiesof birth, death, fetal death, marriage, divorce, annulment, andother records; and(3)AAfiling a record, amendment, or affidavit underthis title.

7 (b)AAThe executive commissioner by rule may prescribe aschedule of fees for vital statistics aggregate ofthe amounts of the fees may not exceed the cost of administering thevital statistics system.(c)AAThe department shall refund to an applicant any feereceived for services that the department cannot themoney has been deposited to the credit of the vital statisticsaccount in the general revenue fund, the comptroller shall issue awarrant against the fund for refund of the payment on presentationof a claim signed by the state registrar.

8 (d)AAA local registrar or county clerk who issues a certified3copy of a birth or death certificate shall collect the same fees ascollected by the department, including the additional fee requiredunder Subsection (e), except as provided by Subsections (g) and(h).(e)AAIn addition to fees charged by the department underSubsection (b), the department shall collect an additional $2 feefor each of the following:(1)AAissuing a certified copy of a certificate ofbirth;(2)AAissuing a wallet-sized certification of birth; and(3)AAconducting a search for a certificate of birth.

9 (f)AARepealed by Acts 2005, 79th Leg., Ch. 263, Sec. 5(1),eff. May 30, 2005.(g)AAA local registrar or county clerk that on March 31,1995, was collecting a fee for the issuance of a certified copy of abirth certificate that exceeded the fee collected by the departmentfor the same type of certificate may continue to do so but shall notraise this fee until the fee collected by the department exceeds thefee collected by the local registrar or county localregistrar or county clerk to which this subsection applies shallcollect the additional fee as required under Subsection (e).

10 (h)AAIn addition to other fees collected under this section,a local registrar or county clerk may collect a fee not to exceed $1for:(1)AApreserving vital statistics records maintained bythe registrar or county clerk, including birth, death, fetal death,marriage, divorce, and annulment records;(2)AAtraining registrar or county clerk employeesregarding vital statistics records; and(3)AAensuring the SAFETY and security of vitalstatistics records.(i)AAA fee under this section shall be collected by theregistrar or county clerk on the issuance of a vital statisticsrecord, including a record issued through a Remote Birth by Acts 1991, 72nd Leg.