CHAPTER 195. ENFORCEMENT OF VITAL STATISTICS REPORTING - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 195. ENFORCEMENT OF VITAL STATISTICS REPORTING

Sec. 195.001. ENFORCEMENT OF TITLE; REPORTS BY LOCAL REGISTRAR.

(a) The local registrar in each local registration district

shall enforce this title under the supervision and direction of

the state registrar.

(b) A local registrar shall report immediately to the state

registrar a violation of this title of which the local registrar

has knowledge by observation, by complaint of another person, or

by other means.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 195.002. SUPERVISION AND INVESTIGATION BY STATE REGISTRAR.

(a) The state registrar shall execute this title throughout the

state. To ensure uniform compliance with this title, the state

registrar has supervisory power over local registrars, deputy

registrars, and subregistrars.

(b) The state registrar or the state registrar's representative

may investigate cases of irregularity or violations of law. On

request, any other registrar shall aid in the investigation.

(c) If the state registrar considers it necessary, the state

registrar shall report a violation of this title to the

appropriate district or county attorney for prosecution. The

report must include a statement of the facts and circumstances.

The district or county attorney shall immediately initiate and

promptly follow up the necessary court proceedings against the

person or corporation responsible for the alleged violation.

(d) On the request of the state registrar, the attorney general

shall assist in enforcing this title.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 195.003. FALSE RECORDS. (a) A person commits an offense

if the person intentionally or knowingly makes a false statement

or directs another person to make a false statement in:

(1) a certificate, record, or report required under this title;

(2) an application for an amendment of a certificate, record, or

report required under this title;

(3) an application for a delayed birth certificate or delayed

death certificate; or

(4) an application for a certified copy of a vital record.

(b) A person commits an offense if the person intentionally or

knowingly supplies false information, or intentionally or

knowingly creates a false record, or directs another person to

supply false information or create a false record, for use in the

preparation of a certificate, record, report, or amendment under

this title.

(c) A person commits an offense if the person, without lawful

authority and with intent to deceive, makes, counterfeits,

alters, amends, or mutilates or directs another person to make,

counterfeit, alter, amend, or mutilate:

(1) a certificate, record, or report required under this title;

or

(2) a certified copy of a certificate, record, or report

required under this title.

(d) A person commits an offense if the person, for purposes of

deception, intentionally or knowingly obtains, possesses, uses,

sells, or furnishes, or attempts or directs another person to

attempt to obtain, possess, use, sell, or furnish a certificate,

record, or report required under this title, or a certified copy

of a certificate, record, or report required under this title, if

the document:

(1) is made, counterfeited, altered, amended, or mutilated

without lawful authority and with intent to deceive;

(2) is false in whole or in part; or

(3) relates to the birth of another individual.

(e) A person commits an offense if the person intentionally or

knowingly fraudulently identifies himself or herself to obtain or

return registration forms, certificates, or any other forms

required under this title.

(f) An offense under this section is a felony of the third

degree.

(g) In this section, "person" means an individual, corporation,

or association.

(h) If a person is convicted of an offense under this section,

the court shall order as a condition of probation that the person

cannot obtain a certificate, record, or report to which this

section applies or practice midwifery, and the Texas Department

of Criminal Justice shall require as a condition of parole that

the person cannot obtain a certificate, record, or report to

which this section applies or practice midwifery.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.15,

eff. Sept. 1, 1991.

Sec. 195.004. FAILURE TO PERFORM DUTY. (a) A person commits an

offense if the person refuses or fails to furnish correctly any

information in the person's possession affecting a certificate or

record required under this title.

(b) A person commits an offense if the person fails, neglects,

or refuses to fill out a birth or death certificate and to file

the certificate with the local registrar or deliver it on request

to the person with the duty to file it, as required by this

title.

(c) A local registrar, deputy registrar, or subregistrar commits

an offense if that person fails, neglects, or refuses to perform

a duty under this title or under instructions and directions of

the state registrar given under this title.

(d) An offense under this section is a Class C misdemeanor.

(e) In this section, "person" means an individual, corporation,

or association.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 195.005. DISCLOSURE OF CONFIDENTIAL INFORMATION. (a) A

person commits an offense if the person knowingly violates

Section 192.002(b), knowingly induces or causes another to

violate that section, or knowingly fails to comply with a rule

adopted under that section.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 62, eff. Sept. 1,

1991.