89th Legislature Regular Session

SB 466

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 466 modifies Section 674.001(2) of the Texas Health and Safety Code to broaden the definition of a “fetal death certificate.” Under current law, a fetal death certificate is required for any fetus that weighs 350 grams or more, or for a fetus of 20 weeks gestational age or more if the weight is unknown. SB 466 retains this requirement but adds a new provision: it permits a fetal death certificate to be filed for any fetus of any weight or gestational age if a family member makes such a request.

The purpose of this change is to allow families who have experienced a miscarriage or early pregnancy loss to receive official recognition of their loss through a state-issued document. This provides grieving parents the opportunity for closure, memorialization, and access to certain legal or administrative processes that may require such documentation. The bill does not impose any new mandates on families or healthcare providers—it simply expands eligibility for fetal death certificates on a voluntary basis.

The originally filed version of SB 466 and the Committee Substitute version share the same core intent and structure, but there are minor differences in formatting and authorship details, rather than substantive legal content.
Author
Angela Paxton
Co-Author
Phil King
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 466 would have no significant fiscal implications for the State of Texas. The analysis assumes that any administrative costs associated with implementing the change, specifically, processing additional fetal death certificates upon request, can be absorbed by the Texas Department of State Health Services within its existing budget and operational capacity.

For local governments, the fiscal note likewise projects no significant impact. Local registrars and health departments, which typically handle the filing of death and fetal death certificates, are not expected to experience a substantial increase in workload or expense. This is largely due to the bill's voluntary nature; it allows but does not require additional filings, and any resulting increase in certificate requests is expected to be limited.

In summary, SB 466 is viewed as a low-cost policy change. By simply extending the option of fetal death certification to earlier stages of pregnancy upon family request, without mandating additional reporting or enforcement requirements, the bill minimizes administrative and fiscal burdens on both state and local government entities.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 466 based on its alignment with key liberty principles. The legislation addresses a compassionate and narrowly targeted issue: allowing families who experience pregnancy loss before 20 weeks of gestation the option to request a fetal death certificate. This does not alter when such certificates are required—currently at 350 grams or 20 weeks gestation—but instead clarifies that families can voluntarily request one for any fetus, regardless of age or weight.

The bill emerged in response to a constituent’s personal experience. The family lost their child at 10 weeks but was unable to obtain a fetal death certificate due to existing interpretations of the law, which in turn prevented them from accessing funeral services. This reflects a regulatory gap that the bill remedies by codifying a compassionate option for grieving families. It maintains the existing state standards for required filings while broadening individual choice, underscoring the bill’s respect for individual liberty and limited government.

From a fiscal perspective, the Legislative Budget Board determined that SB 466 has no significant fiscal implications for the state or local governments. Administrative bodies such as the Department of State Health Services are expected to absorb any minor operational costs within existing resources. This further supports a recommendation in favor, as the bill provides emotional and administrative relief to families at no meaningful cost to taxpayers.

Given its voluntary nature, clear public interest, and negligible fiscal burden, SB 466 represents thoughtful, values-based policymaking. It expands liberty without expanding government.

  • Individual Liberty: At its core, the bill empowers families by allowing them to voluntarily request a fetal death certificate for a fetus of any gestational age or weight. This is an important recognition of a family's right to grieve and memorialize pregnancy loss on their own terms. By removing statutory ambiguity that previously blocked such requests, the bill affirms an individual’s right to access public records systems for deeply personal matters. It respects and protects the dignity of personal choice in the context of loss, without imposing mandates on others.
  • Personal Responsibility: The bill enables families to take personal initiative in how they acknowledge and process pregnancy loss. It reinforces the idea that families are best positioned to make decisions about how to handle such events, particularly in situations that may carry religious, emotional, or cultural significance. In this way, it supports responsible, voluntary actions without prescribing a uniform response.
  • Free Enterprise: There are no direct market regulations or enterprise-related restrictions in the bill. While it may indirectly enable access to funeral and memorial services earlier in pregnancy, any resulting economic activity is consumer-driven and voluntary. Therefore, the bill does not hinder or artificially promote any sector, maintaining neutrality on this principle.
  • Private Property Rights: The bill does not directly affect property ownership or use. However, it could be said to enhance a family’s ability to make decisions regarding burial, memorialization, or other rites tied to private arrangements, insofar as documentation is often needed for such services. Still, these implications are indirect and limited.
  • Limited Government: The bill does not expand regulatory enforcement, create new mandates, or impose administrative burdens. It simply permits families to engage with an existing state function (issuance of death certificates) in addition, voluntarily initiated circumstances. This reinforces the idea of a government that is responsive to citizens' needs without becoming overreaching.
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