Section 181.24 - Abused, Misused, or Flagged Records(a) Abused birth record. (1) Any birth record that has had 10 certifications issued since the original date of filing shall be considered as an abused record. Such a notation shall be made on the birth record.(2) Local Registrars shall notify the Vital Statistics Unit of any abused record. Requests for additional certifications shall be made to the Vital Statistics Unit.(3) When the State Registrar receives a request for an abused birth record, he/she shall refuse to issue any additional certifications until the registrant, minor registrant's parent who is not excluded by law, or registrant's guardian has satisfactorily explained, the reason for the additional request(s).(b) Misused record. (1) A misused record is any birth or death record that has been used by any person for any fraudulent or illegal purpose.(2) Upon notification or determination that a record has been misused, the State Registrar shall attach a flag or notice to the record.(c) Flagged record. (1) A flagged record is any record with a notation that a request was received to not issue the record or to which an addendum, based on evidence of contradictory birth facts, has been attached. The registrant, minor registrant's parent who is not excluded by law, or registrant's guardian can request that no further copies of the record be released. After such request, the State Registrar may place a flag on the record.(2) The Vital Statistics Unit will flag the record of any missing child who is under the age of eleven, when notified by a law enforcement agency or the Missing Persons Clearinghouse.(3) When a record has a notation, or addendum, the State and Local Registrar shall refuse to issue such a record until the conditions as stated on the notation, or addendum have been satisfied and the registrant or the requesting party has been notified.(d) A hearing may be requested as provided in § 181.21 of this title (relating to Refusal to Issue Certified Copies of Records of Birth, Death, or Fetal Death) to determine if flagged, abused, misused or records with an addendum or notation should be issued.25 Tex. Admin. Code § 181.24
The provisions of this §181.24 adopted to be effective November 19, 1991, 16 TexReg 6298; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective July 22, 2004, 29 TexReg 6936; amended to be effective August 11, 2013, 38 TexReg 4896