HB 4466

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB4466 amends the Texas Health and Safety Code to authorize the issuance of a certified copy of a birth record without charge in specific child welfare-related legal proceedings. Specifically, it adds Subsection (g) to Section 191.0046 to mandate that the state registrar, a local registrar, or a county clerk must provide a free certified birth certificate to a county or a child welfare board appointed by the commissioners court of a county under Family Code Section 264.005. This exemption applies only when the request is made in connection with a suit affecting the parent-child relationship (SAPCR) initiated by a governmental entity under Subtitle E, Title 5 of the Family Code.

The purpose of this legislation is to facilitate the work of government agencies involved in child protection cases, where certified birth records are often needed for court filings, identification, or placement decisions. By waiving the fee, the bill removes a minor but important financial obstacle that could delay or complicate legal proceedings designed to safeguard the welfare of children.

The bill does not extend the fee waiver to private individuals or non-governmental organizations and ensures that the exemption is limited to government-initiated SAPCR actions, preserving cost recovery in all other contexts.

The originally filed version of HB 4466 proposed a simple amendment to the Health and Safety Code, Section 191.0046, allowing a county to request a certified copy of a birth record without paying a fee, so long as the request was related to a suit affecting the parent-child relationship (SAPCR) initiated by a governmental entity under Subtitle E, Title 5 of the Family Code. This version focused exclusively on requests made directly by the county itself.

The Committee Substitute version, however, expanded the scope of entities eligible to receive a no-fee birth record. It allows not only counties but also child welfare boards appointed by commissioners courts under Family Code Section 264.005 to make such requests. Additionally, it broadens the list of officials who can issue the document to include local registrars and county clerks, not just the state registrar.

This change reflects a more inclusive and practical approach, recognizing that in many jurisdictions, child welfare boards—not just counties—are active participants in SAPCR cases and need access to these records. It also ensures flexibility by allowing various local record authorities to process the requests, likely improving administrative efficiency and access. These adjustments make the bill more comprehensive and responsive to the practical realities of child welfare work across Texas.
Author (1)
Hillary Hickland
Co-Author (1)
Penny Morales Shaw
Sponsor (1)
Judith Zaffirini
Co-Sponsor (1)
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4466 is not expected to have a significant fiscal impact on the state. Although the bill allows certain governmental entities—counties and child welfare boards—to obtain certified birth records without paying the standard $22 fee, the overall volume of such requests is unknown. As a result, the precise effect on state revenue cannot be determined.

The Department of State Health Services (DSHS) has indicated that any administrative costs resulting from the implementation of this bill can be absorbed within existing resources. This suggests that the agency does not anticipate needing additional funding or staffing to handle the anticipated increase in no-fee requests.

At the local level, however, the fiscal implications remain uncertain. Because local registrars and county clerks would also be required to issue no-cost birth records under certain conditions, any revenue currently generated through fees in those cases could be reduced. Yet without reliable data on how many such requests would be made annually, the financial impact on local governments cannot be accurately estimated at this time.

In summary, while the bill may lead to a reduction in fee revenue from certified birth records, the scope of that reduction is indeterminate, and state-level agencies believe the administrative impact will be minimal. The more variable and potentially uneven fiscal effect would be felt at the local level, where budgetary reliance on these fees varies by jurisdiction.

Vote Recommendation Notes

HB 4466 supports a targeted and practical policy change to aid in the administration of child protection cases in Texas. By allowing counties and child welfare boards appointed under Section 264.005 of the Family Code to obtain certified copies of birth records at no cost when requested in relation to suits affecting the parent-child relationship filed by a governmental entity, the bill removes a modest financial barrier that can complicate or delay urgent legal proceedings. This proposal reflects a recognition of the important supportive role child welfare boards play alongside DFPS and caseworkers, often using donated or limited funds to fill gaps in state support.

The bill aligns well with core liberty principles. It enhances individual liberty by improving the efficiency and accessibility of the legal system in critical child protection matters. It supports personal responsibility by empowering counties and boards, not individuals, to act within their roles in protecting vulnerable children. While the bill introduces a limited government mandate (i.e., fee waivers), it is narrowly tailored, serves a public safety interest, and falls within a legitimate function of limited government—child welfare. The legislation has no adverse effect on free enterprise or private property rights.

From a fiscal perspective, the state anticipates no significant financial impact. While the $22 per-record fee is waived under certain conditions, the Department of State Health Services expects to absorb any associated costs using existing resources. The potential local government revenue impact is indeterminate but expected to be modest given the narrow scope of eligible requests.

Given its well-targeted scope, alignment with constitutional and fiscal principles, and strong support from child welfare stakeholders, Texas Policy Research recommends that lawmakers vote YES on HB 4466.

  • Individual Liberty: The bill promotes individual liberty by helping protect the rights and well-being of vulnerable children involved in state custody or child protection cases. It ensures that necessary legal documentation—like birth certificates—is readily available to government actors advocating on behalf of these children. This access helps expedite legal proceedings and secure appropriate services or placements, supporting the child's long-term freedom and safety.
  • Personal Responsibility: Rather than creating an entitlement for individuals, the bill places responsibility on public entities—counties and child welfare boards—to request the records in a limited legal context. It supports responsible governance by easing the logistical burden on those already acting in the state's interest to care for children without shifting that burden to private parties or individuals.
  • Free Enterprise: The bill does not affect the private sector or marketplace. It imposes no new regulations on businesses and does not interfere with the operation of free enterprise. The fee waiver applies only to government-issued documents in a public legal process, keeping the scope well within public administrative functions.
  • Private Property Rights: There is no infringement on private property rights. The bill does not take, regulate, or restrict the use of private property in any way.
  • Limited Government: The bill maintains the principle of limited government by narrowly targeting a specific, legitimate government function: child protection. It does not expand the government’s role into new areas but instead improves the efficiency of a duty the state already performs. Importantly, it avoids creating broad exemptions or subsidies and applies only when specific legal conditions are met.
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