The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Applicant--See definition for properly qualified applicant.
2. (2) Birth records--Records governing births filed pursuant to the Texas Vital Statistics Act, the Health and Safety Code, Title 3.
3. (3) Bureau of Vital Statistics--The office within the Texas Department of Health charged with the implementation of the Texas Vital Statistics Law.
4. (4) Certification--A certified statement, form, or letter, of the facts stated on the form or document as filed in the Bureau of Vital Statistics, certified by the state registrar or his duly appointed designee, over his respective signature and bearing the seal of the Bureau of Vital Statistics.
5. (5) Certified copy--An exact photocopy of the original record issued on a special form and paper as filed with the Bureau of Vital Statistics, bearing the seal of the State of Texas, the Texas Department of Health, and the facsimile signature of the state registrar.
6. (6) Dead body--A lifeless human body or such parts of the human body or the bones thereof from the state of which it may be reasonably concluded that death recently occurred.
7. (7) Death records--Records governing deaths and fetal deaths filed pursuant to the Texas Vital Statistics Act.
8. (8) Department--The Texas Department of Health.
9. (9) Embalming--The act of disinfecting or preserving a human body, entire or in part, by the use of chemical substances, fluids, or gases in the body; or by the introduction of the same into the body by vascular or hypodermic injection; or by direct application into the organs or cavities; or by any other method intended to disinfect or preserve a dead body or restore body tissues and structures.
10. (10) Fetal death (stillbirth)--Death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
11. (11) Genealogist--An individual who traces the descent of persons or families. He or she may be an individual family member or a person hired by the family to trace a family tree or do family research.
12. (12) Identification required of applicant--A picture ID such as drivers license, state/city/county ID card, student ID, employment badge or card, or military ID; or two documents, without a picture, one of which must bear the signature of the applicant in place prior to submission.
13. (13) Immediate family member--The registrant, a member of his or her immediate family either by blood or marriage, his or her guardian, or his or her legal agent or representative.
14. (14) Indexes--An index to or listing of birth records, death records, applications for marriage licenses, and reports of divorce or annulment of marriage.
15. (15) Legal representative (personal representative or agent)--An attorney in fact, a funeral director, or any other person designated by affidavit, contract, or court order acting on behalf and for the benefit of the registrant or his or her immediate family. In order to determine the need for protection for personal property rights when the legal representative is acting on behalf and for the benefit of the registrant or the registrant's immediate family or other entity having a direct and direct tangible interest in the record, the state registrar, local registrar, or county clerk shall require a designation document or an attested statement to that effect.
16. (16) Live birth--The complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached; each product of such a birth is considered live born.
17. (17) Local registration official--A county clerk or person authorized by the Vital Statistics Act to maintain a duplicate system of records for each birth, death, or fetal death that occurs in the person's jurisdiction.
18. (18) Person in charge of interment--Any person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes thereof.
19. (19) Properly qualified applicant (qualified applicant)--The registrant, or immediate family member either by blood or marriage, his or her guardian, or his or her legal agent or representative. Local, state and federal law enforcement or governmental agencies and other persons may be designated as properly qualified applicants by demonstrating a direct and tangible interest in the record when the information in the record is necessary to implement a statutory provision or to protect a personal legal property right. A properly qualified applicant may also be any person who has submitted an application for a request to release personal information and has been approved as outlined in §181.11 of this title (relating to Requests for Personal Data).
20. (20) Registrant--The individual named on the certificate of birth, death, or fetal death; application for marriage license; or report of divorce or annulment of marriage.
21. (21) Research copy--A plain paper noncertified reproduction of the complete original document or a portion of the original document.
22. (22) Search--The act of examining the files and/or indexes maintained by the Bureau of Vital Statistics for a specific record or information as identified by a qualified applicant or his/her agent.
23. (23) Signature--The name of a person written with his or her own hand; the act of signing one's own name.
24. (24) State registrar--The chief of the Bureau of Vital Statistics, Texas Department of Health.
25. (25) Verification--A noncertified statement only of facts and information stated on the document filed with the Bureau of Vital Statistics.
26. (26) Vital statistics--The registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, fetal deaths, marital status, and data incidental thereto.
27. (27) Vital Statistics Act--The Health and Safety Code, Title 3.

Source Note:The provisions of this §181.1 adopted to be effective January 1, 1976; amended to be effective October 8, 1990, 15 TexReg 5603; amended to be effective November 19, 1991, 16 TexReg 6297; amended to be effective July 17, 1995, 20 TexReg 4687.