Texas 2017 - 85th Regular

Texas Senate Bill SB1341 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9134 SCL-D
2	2	By: Garcia, Rodríguez S.B. No. 1341
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a change of name and sex for certain persons and the
8	8	issuance of associated vital records and documentation;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 192, Health and Safety
12	12	Code, is amended by adding Section 192.0115 to read as follows:
13	13	Sec. 192.0115. CHANGING NAME AND SEX; ISSUANCE OF VITAL
14	14	RECORDS AND DOCUMENTATION. (a) A person born in this state may
15	15	apply for the issuance of a new birth certificate with a change to
16	16	the person's name and sex incorporated into the certificate by
17	17	providing to the state registrar:
18	18	(1) a sworn affidavit by a physician licensed to
19	19	practice medicine in this state that includes:
20	20	(A) the physician's letterhead;
21	21	(B) the physician's full name;
22	22	(C) the physician's medical license number;
23	23	(D) the jurisdiction that issued the physician's
24	24	medical license;
25	25	(E) a statement that a physician-patient
26	26	relationship exists with the applicant; and
27	27	(F) a statement that the applicant has undergone
28	28	a clinically appropriate treatment for the purpose of transitioning
29	29	to another sex;
30	30	(2) a completed application form prescribed by the
31	31	department under Subsection (i); and
32	32	(3) the fee described by Subsection (m).
33	33	(b) The state registrar may not require the person applying
34	34	for a new birth certificate under this section to include a court
35	35	order authorizing the name change.
36	36	(c) A person is ineligible to apply for a new birth
37	37	certificate under this section if the person has been finally
38	38	convicted of a felony offense or has been subject to the
39	39	registration requirements of Chapter 62, Code of Criminal
40	40	Procedure. In this subsection, a person is considered finally
41	41	convicted of a felony offense if for a felony offense:
42	42	(1) a sentence is imposed on the person;
43	43	(2) the person receives community supervision,
44	44	including deferred adjudication; or
45	45	(3) the court defers final disposition of the person's
46	46	case.
47	47	(d) A person who is ineligible under Subsection (c) to apply
48	48	for a new birth certificate under this section may petition for a
49	49	change of name in accordance with Chapter 45, Family Code.
50	50	(e) In processing an application under this section, the
51	51	state registrar shall determine whether the applicant is ineligible
52	52	under Subsection (c) to apply for a new birth certificate under this
53	53	section.
54	54	(f) The state registrar shall issue a new birth certificate
55	55	that incorporates the change of name and sex and attach to the birth
56	56	certificate a change of name and sex certificate if the application
57	57	filed under this section complies with this section and rules
58	58	adopted under this section. The new birth certificate may not
59	59	include the applicant's name and sex from a prior birth certificate
60	60	that is inaccurate for the new birth certificate.
61	61	(g) A change of name and sex certificate issued under this
62	62	section must include:
63	63	(1) the name and sex of the person before the
64	64	certificate is issued;
65	65	(2) the name and sex of the person after the
66	66	certificate is issued;
67	67	(3) the date the certificate is issued;
68	68	(4) the person's social security number and any
69	69	driver's license number; and
70	70	(5) the signature of the state registrar.
71	71	(h) A change of name and sex certificate issued under this
72	72	section constitutes proof of the change of name and sex of the
73	73	person named in the certificate.
74	74	(i) The department shall prescribe a form for applying for a
75	75	new birth certificate under this section. The form must:
76	76	(1) plainly state the eligibility requirements to
77	77	apply for a new birth certificate under this section;
78	78	(2) include a statement, to be signed by the
79	79	applicant, or the applicant's parent, legal guardian, or managing
80	80	conservator if the applicant is a minor, that to the best of the
81	81	person's knowledge, the applicant is eligible to apply for a new
82	82	birth certificate under this section; and
83	83	(3) require the written, signed consent of the
84	84	applicant's parent, legal guardian, or managing conservator if the
85	85	applicant is a minor.
86	86	(j) The state registrar shall arrange, bind, and
87	87	permanently preserve change of name and sex certificates issued
88	88	under this section and the application and supporting information
89	89	submitted with the application filed under this section in a
90	90	systematic manner.
91	91	(k) A copy of a change of name and sex certificate issued
92	92	under this section that is certified by the state registrar is prima
93	93	facie evidence of the facts stated in the record.
94	94	(l) Subject to department rules controlling the
95	95	accessibility of vital records, the state registrar shall supply to
96	96	a properly qualified applicant, on request, a certified copy of a
97	97	change of name and sex certificate issued under this section.
98	98	(m) The executive commissioner shall adopt rules to
99	99	implement this section and set a fee for an application filed under
100	100	this section in an amount reasonable and necessary for the
101	101	department to administer this section.
102	102	SECTION 2. The heading to Section 191.028, Health and
103	103	Safety Code, is amended to read as follows:
104	104	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
105	105	SECTION 3. Section 191.028(a), Health and Safety Code, is
106	106	amended to read as follows:
107	107	(a) A record of a birth, death, or fetal death accepted by a
108	108	local registrar for registration may not be changed except as
109	109	provided by Subsection (b) or Section 192.0115.
110	110	SECTION 4. The heading to Section 192.011, Health and
111	111	Safety Code, is amended to read as follows:
112	112	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
113	113	CORRECTION.
114	114	SECTION 5. As soon as practicable after the effective date
115	115	of this Act, the executive commissioner of the Health and Human
116	116	Services Commission shall adopt rules necessary to implement
117	117	Section 192.0115, Health and Safety Code, as added by this Act.
118	118	SECTION 6. This Act takes effect September 1, 2017.