Texas 2021 - 87th Regular

Texas Senate Bill SB1121 Compare Versions

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

Old	New	Differences
1	1	87R7758 JG-F
2	2	By: Johnson, Menéndez S.B. No. 1121
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 birth 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. Chapter 192, Health and Safety Code, is amended
12	12	by adding Subchapter C to read as follows:
13	13	SUBCHAPTER C. CHANGE OF NAME AND SEX
14	14	Sec. 192.051. APPLICATION FOR CHANGE OF NAME OR SEX ON BIRTH
15	15	CERTIFICATE. (a) Subject to the eligibility requirements under
16	16	Section 192.052, an eligible person born in this state may apply for
17	17	the issuance of a new birth certificate to reflect and incorporate
18	18	into the new birth certificate a change to the person's name and sex
19	19	or only to the person's sex by providing to the state registrar:
20	20	(1) a signed statement from a physician on the
21	21	letterhead of the physician's official stationery that includes:
22	22	(A) the physician's contact information,
23	23	including full name, work address, telephone number, and e-mail
24	24	address;
25	25	(B) the physician's medical license number and
26	26	the state or other jurisdiction of licensure;
27	27	(C) a statement that the physician has treated
28	28	the applicant or has reviewed and evaluated the applicant's medical
29	29	history;
30	30	(D) a statement that the applicant received or is
31	31	in the process of receiving appropriate medical treatments or
32	32	procedures to transition from the applicant's sex as assigned at
33	33	birth; and
34	34	(E) a statement based on the physician's
35	35	professional medical judgment that it is in the applicant's best
36	36	interests to transition from the applicant's sex as assigned at
37	37	birth;
38	38	(2) a completed application on the form prescribed by
39	39	department rule under Subsection (b);
40	40	(3) for an applicant who is a minor and subject to the
41	41	continuing exclusive jurisdiction of a court under Chapter 155,
42	42	Family Code, a copy of the court order regarding the applicant; and
43	43	(4) an application fee described by Subsection (c),
44	44	unless the application fee is waived under that subsection due to
45	45	the applicant's inability to pay.
46	46	(b) The executive commissioner by rule shall prescribe an
47	47	application form for a person to apply for the issuance of a new
48	48	birth certificate under this section. The form must:
49	49	(1) plainly state the eligibility requirements to
50	50	apply for a new birth certificate;
51	51	(2) include a statement to be signed by the applicant
52	52	or, if the applicant is a minor, the parent, guardian, or managing
53	53	conservator of the applicant that, to the best of the signor's
54	54	knowledge, the applicant is eligible to apply for the new birth
55	55	certificate; and
56	56	(3) for an applicant who is 16 years of age or younger
57	57	and who is not otherwise emancipated by marriage or court order,
58	58	include a space to be signed by the applicant's parent, guardian, or
59	59	managing conservator consenting to the issuance of the new birth
60	60	certificate.
61	61	(c) The executive commissioner by rule shall set an
62	62	application fee for an application filed under this section. The
63	63	rules must:
64	64	(1) set the amount of fee in the amount reasonable and
65	65	necessary for the department to administer this subchapter; and
66	66	(2) allow for a person to request a waiver from the fee
67	67	if the person, as determined by department rules, is unable to pay
68	68	the fee.
69	69	Sec. 192.052. ELIGIBILITY REQUIREMENTS FOR CHANGE OF NAME
70	70	OR SEX. (a) In this section:
71	71	(1) "Criminal history record information" has the
72	72	meaning assigned by Section 411.082, Government Code.
73	73	(2) "Local law enforcement authority" has the meaning
74	74	assigned by Article 62.001, Code of Criminal Procedure.
75	75	(b) Except as otherwise provided by this section, a person
76	76	is ineligible to apply for the issuance of a new birth certificate
77	77	under Section 192.051 if the person:
78	78	(1) has been finally convicted of a felony offense;
79	79	(2) received community supervision, including
80	80	deferred adjudication, for a felony offense;
81	81	(3) is subject to deferred disposition of a felony
82	82	offense; or
83	83	(4) is subject to the registration requirements of
84	84	Chapter 62, Code of Criminal Procedure.
85	85	(c) A person described by Subsection (b)(1), (b)(2), or
86	86	(b)(3) is eligible to apply for the issuance of a new birth
87	87	certificate under Section 192.051 only if the person provides to
88	88	the state registrar, in addition to the items required by Section
89	89	192.051(a), proof that the person has notified the appropriate
90	90	local law enforcement authority of the proposed change to the
91	91	person's name and sex or only to the person's sex, as applicable,
92	92	and the person:
93	93	(1) for the felony offense for which the person is
94	94	ineligible under Subsection (b)(1), (b)(2), or (b)(3), as
95	95	applicable, has:
96	96	(A) been pardoned and had the record of the
97	97	offense expunged from the person's record; or
98	98	(B) received a certificate of discharge by the
99	99	Texas Department of Criminal Justice or completed a period of
100	100	community supervision or juvenile probation ordered by a court and
101	101	at least two years have elapsed from the date the discharge was
102	102	received or community supervision or juvenile probation was
103	103	completed; or
104	104	(2) is seeking to change the person's name or sex to
105	105	the primary name or sex used in the person's criminal history record
106	106	information.
107	107	(d) A person described by Subsection (b)(4) is eligible to
108	108	apply for the issuance of a new birth certificate only if the
109	109	person:
110	110	(1) provides to the state registrar, in addition to
111	111	the items required by Section 192.051(a), proof that the person has
112	112	notified the appropriate local law enforcement authority of the
113	113	proposed change to the person's name and sex or only to the person's
114	114	sex, as applicable; and
115	115	(2) is seeking to change the person's name or sex to
116	116	the primary name or sex used in the person's criminal history record
117	117	information and as it appears on the person's registration under
118	118	Chapter 62, Code of Criminal Procedure.
119	119	(e) For each person described by this section to whom the
120	120	state registrar issues a new birth certificate, the state registrar
121	121	shall provide to the applicable local law enforcement authority a
122	122	copy of the new birth certificate and accompanying certificate of
123	123	change issued under Section 192.053.
124	124	Sec. 192.053. ISSUANCE OF NEW BIRTH CERTIFICATE AND
125	125	SUPPORTING DOCUMENTATION. (a) As soon as practicable after
126	126	receiving a complete application for a new birth certificate under
127	127	Section 192.051, the state registrar shall issue to the applicant a
128	128	new birth certificate that incorporates the changed name and sex or
129	129	only the changed sex, as applicable. The new birth certificate may
130	130	not include the applicant's name or sex from a prior birth
131	131	certificate that is inaccurate for the new birth certificate.
132	132	(b) The state registrar shall issue with the new birth
133	133	certificate a separate certificate of change document that
134	134	includes:
135	135	(1) the name and sex of the person before the new birth
136	136	certificate is issued;
137	137	(2) the name and sex of the person after the new birth
138	138	certificate is issued;
139	139	(3) each of the person's federal and state
140	140	identification numbers, including the person's driver's license
141	141	number, passport number, and military identification number, as
142	142	applicable; and
143	143	(4) the signature of the state registrar.
144	144	(c) The state registrar shall:
145	145	(1) arrange, bind, and permanently preserve in a
146	146	systematic manner a new birth certificate and accompanying
147	147	certificate of change issued to a person under this section and the
148	148	application and supporting documentation submitted for the new
149	149	birth certificate; and
150	150	(2) ensure that a copy of the new birth certificate and
151	151	accompanying certificate of change issued under this section is
152	152	maintained in the central record file described by Chapter 108,
153	153	Family Code.
154	154	(d) Subject to department rules controlling the
155	155	accessibility of vital records, the state registrar shall supply to
156	156	a properly qualified applicant, on request, a certified copy of the
157	157	new birth certificate and accompanying certificate of change issued
158	158	to a person under this section.
159	159	Sec. 192.054. LIABILITIES AND RIGHTS UNAFFECTED. A
160	160	person's change of name or sex under this subchapter does not
161	161	release the person from any liability incurred or defeat any right
162	162	the person had under the person's previous name or sex.
163	163	Sec. 192.055. LEGAL RIGHTS ASSOCIATED WITH VITAL RECORDS
164	164	ISSUED UNDER SUBCHAPTER. (a) A copy of a new birth certificate and
165	165	accompanying certificate of change issued to a person under Section
166	166	192.053 that is certified by the state registrar is prima facie
167	167	evidence of the facts stated in the record and constitutes
168	168	sufficient proof for:
169	169	(1) the person to correct or amend the person's name or
170	170	sex on any government-issued identification to reflect the person's
171	171	changed name or sex, including the name or sex on the person's:
172	172	(A) driver's license;
173	173	(B) voter registration card; and
174	174	(C) state-issued professional license; and
175	175	(2) the person's name or sex for each state and local
176	176	governmental entity in this state, including a school or
177	177	university.
178	178	(b) A person who is issued a new birth certificate and
179	179	accompanying certificate of change under Section 192.053 may manage
180	180	the property owned by the person before issuance of those documents
181	181	using either the person's prior name or sex, as it may appear on any
182	182	title or other ownership record associated with the property, or
183	183	the person's changed name or sex under the new birth certificate.
184	184	Sec. 192.056. CONSTRUCTION OF SUBCHAPTER; OPTION FOR COURT
185	185	ORDERED NAME OR SEX CHANGE UNAFFECTED. Nothing in this subchapter
186	186	shall be construed to restrict a person's ability to seek from a
187	187	court of competent jurisdiction, or to limit the authority of that
188	188	court under other law to issue, an order changing the person's name
189	189	or sex.
190	190	Sec. 192.057. RULES. The executive commissioner shall
191	191	adopt rules and procedures to implement and administer this
192	192	subchapter, including rules and procedures to:
193	193	(1) establish for both adults and minors applying for
194	194	a new birth certificate the same requirements for the physician's
195	195	statement under Section 192.051(a)(1);
196	196	(2) ensure a person applying for a new birth
197	197	certificate is not required to include in the application a court
198	198	order authorizing a change to the person's name or sex;
199	199	(3) prescribe the appropriate forms and processes for
200	200	a person seeking a waiver from the application fee required under
201	201	Section 192.051(c), as provided by that section; and
202	202	(4) prescribe the form of a certificate of change
203	203	issued with a new birth certificate under Section 192.053.
204	204	SECTION 2. The heading to Section 191.028, Health and
205	205	Safety Code, is amended to read as follows:
206	206	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
207	207	SECTION 3. Section 191.028(a), Health and Safety Code, is
208	208	amended to read as follows:
209	209	(a) A record of a birth, death, or fetal death accepted by a
210	210	local registrar for registration may not be changed except as
211	211	provided by Subsection (b) or Subchapter C, Chapter 192.
212	212	SECTION 4. The heading to Section 192.011, Health and
213	213	Safety Code, is amended to read as follows:
214	214	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
215	215	CORRECTION.
216	216	SECTION 5. As soon as practicable after the effective date
217	217	of this Act, the executive commissioner of the Health and Human
218	218	Services Commission shall adopt rules necessary to implement
219	219	Subchapter C, Chapter 192, Health and Safety Code, as added by this
220	220	Act.
221	221	SECTION 6. This Act takes effect September 1, 2021.