SECTION 39.1. Establishment of Date of Birth

(a) Date of birth may be established by any one of the following:

(1) an original birth certificate or a legible unaltered copy thereof;

(2) a delayed birth certificate in accordance with Chapter 192, Subchapter B, Health and Safety Code, or a legible unaltered copy provided by the Bureau of Vital Statistics;

(3) a delayed birth certificate issued by the state in which birth occurred or a legible unaltered copy provided by the registration agency;

(4) an original baptismal record or parish record wherein the age of the individual at the time of baptism is given, or a legible unaltered copy of such record;

(5) a family Bible record when properly abstracted or copied and accompanied by the prescribed affidavit forms issued by the Teacher Retirement System of Texas (TRS);

(6) a report from the Bureau of Census stating the age of the individual at a census year when the individual was less than 20 years of age;

(7) a signed letter from the Social Security Administration indicating a date of birth which has been accepted by Social Security Administration;

(8) naturalization or citizenship papers showing the individual's date of birth;

(9) for a member, an original birth certificate or a legible unaltered copy thereof when there is no given name listed for the infant as long as it is consistent with other birth information in the TRS file;

(10) an alien registration card;

(11) a hospital birth record signed by the administrator or custodian of records of the hospital;

(12) a U.S. passport;

(13) a state issued driver license or state issued ID card;

(14) a U.S. or state issued military ID; or

(15) any other evidence of age as may be approved by TRS.

(b) If there is any question concerning a copy of the documents listed in this section, a certified copy of the document may be required.

Source Note: The provisions of this §39.1 adopted to be effective January 1, 1976; amended to be effective July 6, 1981, 6 TexReg 2222; amended to be effective January 24, 1992, 17 TexReg 255; amended to be effective March 12, 2003, 28 TexReg 2111; amended to be effective April 1, 2011, 36 TexReg 2000; amended to be effective December 23, 2014, 39 TexReg 10028