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SB227

Regular Session

Relating to the application review process for certain delayed birth certificates.

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

State Registrar of Vital Statistics • Texas Department of State Health Services (DSHS)

SB227
Low
Relating to the application review process for certain delayed birth certificates.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
State Registrar of Vital StatisticsDSHS
Primary Author: Sen. Royce West
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (DSHS must accept applications under new standards immediately).
  • Agency Rulemaking: While no specific deadline is set for new rules, DSHS must update internal adjudication guidelines to align with the "preponderance of the evidence" standard. Expect a "regulatory gray zone" in Q4 2025 where agency staff may inconsistently apply the new, more lenient standards until training is standardized.

Immediate Action Plan

  • 1. Audit Pending Files: Immediately review all HR files (stalled I-9s) and Client files (pending Medicaid/Probate) where a missing birth certificate is the blocking issue.
  • 2. Prepare Affidavits: Draft robust affidavits for older applicants now, ensuring they are ready for submission on September 1.
  • 3. Schedule Resubmissions: Calendar the resubmission of any previously rejected delayed birth certificate applications for the first week of September 2025.
  • 4. Update Intake Protocols: Instruct intake staff to stop advising clients that "inconsistent records" are a permanent bar to obtaining a birth certificate; the law now requires the state to view the application "as a whole."

Operational Changes Required

Contracts

No changes required for standard commercial MSAs. However, long-term care facilities and elder law practices should update client engagement letters to reflect the increased feasibility of securing proof of citizenship for benefit eligibility.

Hiring/Training

  • HR & Onboarding: Train staff handling Form I-9 verification that employees previously unable to produce List C documents (birth certificates) due to bureaucratic rejection may now be eligible.
  • Case Management: Social workers and legal teams in healthcare facilities must be trained on the new "Preponderance of the Evidence" standard to successfully advocate for residents whose Medicaid applications are pending proof of citizenship.

Reporting & Record-Keeping

  • Affidavits: The law elevates the weight of a "verified affidavit." Legal teams must update affidavit templates to ensure they clearly demonstrate the affiant's "personal knowledge" of the applicant's birth facts to meet the new statutory weight.
  • Resubmission: Maintain a log of previously rejected birth certificate applications. These files must be flagged for immediate resubmission on or after September 1, 2025.

Fees & Costs

No new fees. This legislation is cost-positive for businesses; it reduces uncompensated care costs for nursing homes (by speeding up Medicaid approval) and reduces legal costs associated with establishing identity for probate or employment.

Strategic Ambiguities & Considerations

The legislature has shifted the standard of review from strict clerical accuracy to a "preponderance of the evidence." This is a legal standard that requires judgment, creating a risk of inconsistent application by DSHS administrative staff.

  • Ambiguity: The law allows DSHS to accept applications despite "inconsistent or contradictory information," but does not define the threshold of contradiction that would still trigger a rejection.
  • Watch Item: Monitor the *Texas Register* for DSHS proposed rules regarding the specific format and notarization requirements for the "verified affidavits" mentioned in the Act.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed Senate
Apr 28, 2025
Passed House
May 25, 2025
Signed
Jun 20, 2025
TopicsAgingHealthHealth--generalBirth & Death CertificatesVehicles & TrafficVehicles & Traffic--driver's LicensesIdentification CardsCharles Edward Barton Act
03

Senate Authors

Sen. Royce WestDemocrat · Primary Author
Coauthors (1)

House Sponsor

Rep. Toni RoseDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB227

Q

What does Texas SB227 do?

SB 227 (The Charles Edward Barton Act) mandates the Texas Department of State Health Services (DSHS) to lower the evidentiary standards required to issue delayed birth certificates, specifically for individuals born before 1971 or those with minor inconsistencies in their records. This legislation immediately benefits healthcare facilities seeking Medicaid eligibility for residents and HR departments resolving stalled I-9 verifications for older employees. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (DSHS must accept applications under new standards immediately).

Q

Who authored SB227?

SB227 was authored by Texas Senator Royce West during the Regular Session.

Q

When was SB227 signed into law?

SB227 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB227?

SB227 is enforced by State Registrar of Vital Statistics and Texas Department of State Health Services (DSHS).

Q

How urgent is compliance with SB227?

The compliance urgency for SB227 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB227?

The cost impact of SB227 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB227 address?

SB227 addresses topics including aging, health, health--general, birth & death certificates and vehicles & traffic.

Legislative data provided by LegiScanLast updated: November 25, 2025

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