| 1 | 1 | | By: Coleman H.B. No. 4297 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a change of name and vital statistics information. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter B, Chapter 45, Family Code, is amended |
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| 9 | 9 | | by adding Section 45.107 to read as follows: |
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| 10 | 10 | | Sec. 45.107. CHANGE OF NAME AND VITAL STATISTICS |
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| 11 | 11 | | INFORMATION. (a) A court shall order a change of name for a |
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| 12 | 12 | | petitioner under this subchapter if the petition is accompanied by |
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| 13 | 13 | | a sworn affidavit of a licensed physician that the petitioner |
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| 14 | 14 | | identifies as a gender other than the gender indicated on the |
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| 15 | 15 | | petitioner's driver's license, birth certificate, or other official |
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| 16 | 16 | | document. |
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| 17 | 17 | | (b) A court that orders a change of name for a petitioner |
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| 18 | 18 | | under this section shall simultaneously order: |
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| 19 | 19 | | (1) that the Department of Public Safety, as soon as |
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| 20 | 20 | | practicable, change the petitioner's gender on the petitioner's |
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| 21 | 21 | | driver's license and other identification documents under the |
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| 22 | 22 | | department's control; and |
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| 23 | 23 | | (2) that the Department of State Health Services, on |
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| 24 | 24 | | receipt of a physician's sworn affidavit that the petitioner |
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| 25 | 25 | | identifies as a gender other than the gender indicated on the |
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| 26 | 26 | | petitioner's birth certificate, amend the petitioner's birth |
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| 27 | 27 | | certificate as provided by Section 192.011, Health and Safety Code, |
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| 28 | 28 | | to reflect the petitioner's true gender. |
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| 29 | 29 | | (c) This section may not be construed to require surgical |
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| 30 | 30 | | intervention as a prerequisite for a court order under Subsection |
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| 31 | 31 | | (a) or (b). |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2009. |
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