87R7758 JG-F
By: Johnson, Menéndez S.B. No. 1121
A BILL TO BE ENTITLED
AN ACT
relating to a change of name and sex for certain persons and the
issuance of associated birth records and documentation;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 192, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. CHANGE OF NAME AND SEX
Sec. 192.051. APPLICATION FOR CHANGE OF NAME OR SEX ON BIRTH
CERTIFICATE. (a) Subject to the eligibility requirements under
Section 192.052, an eligible person born in this state may apply for
the issuance of a new birth certificate to reflect and incorporate
into the new birth certificate a change to the person's name and sex
or only to the person's sex by providing to the state registrar:
(1) a signed statement from a physician on the
letterhead of the physician's official stationery that includes:
(A) the physician's contact information,
including full name, work address, telephone number, and e-mail
address;
(B) the physician's medical license number and
the state or other jurisdiction of licensure;
(C) a statement that the physician has treated
the applicant or has reviewed and evaluated the applicant's medical
history;
(D) a statement that the applicant received or is
in the process of receiving appropriate medical treatments or
procedures to transition from the applicant's sex as assigned at
birth; and
(E) a statement based on the physician's
professional medical judgment that it is in the applicant's best
interests to transition from the applicant's sex as assigned at
birth;
(2) a completed application on the form prescribed by
department rule under Subsection (b);
(3) for an applicant who is a minor and subject to the
continuing exclusive jurisdiction of a court under Chapter 155,
Family Code, a copy of the court order regarding the applicant; and
(4) an application fee described by Subsection (c),
unless the application fee is waived under that subsection due to
the applicant's inability to pay.
(b) The executive commissioner by rule shall prescribe an
application form for a person to apply for the issuance of a new
birth certificate under this section. The form must:
(1) plainly state the eligibility requirements to
apply for a new birth certificate;
(2) include a statement to be signed by the applicant
or, if the applicant is a minor, the parent, guardian, or managing
conservator of the applicant that, to the best of the signor's
knowledge, the applicant is eligible to apply for the new birth
certificate; and
(3) for an applicant who is 16 years of age or younger
and who is not otherwise emancipated by marriage or court order,
include a space to be signed by the applicant's parent, guardian, or
managing conservator consenting to the issuance of the new birth
certificate.
(c) The executive commissioner by rule shall set an
application fee for an application filed under this section. The
rules must:
(1) set the amount of fee in the amount reasonable and
necessary for the department to administer this subchapter; and
(2) allow for a person to request a waiver from the fee
if the person, as determined by department rules, is unable to pay
the fee.
Sec. 192.052. ELIGIBILITY REQUIREMENTS FOR CHANGE OF NAME
OR SEX. (a) In this section:
(1) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
(2) "Local law enforcement authority" has the meaning
assigned by Article 62.001, Code of Criminal Procedure.
(b) Except as otherwise provided by this section, a person
is ineligible to apply for the issuance of a new birth certificate
under Section 192.051 if the person:
(1) has been finally convicted of a felony offense;
(2) received community supervision, including
deferred adjudication, for a felony offense;
(3) is subject to deferred disposition of a felony
offense; or
(4) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure.
(c) A person described by Subsection (b)(1), (b)(2), or
(b)(3) is eligible to apply for the issuance of a new birth
certificate under Section 192.051 only if the person provides to
the state registrar, in addition to the items required by Section
192.051(a), proof that the person has notified the appropriate
local law enforcement authority of the proposed change to the
person's name and sex or only to the person's sex, as applicable,
and the person:
(1) for the felony offense for which the person is
ineligible under Subsection (b)(1), (b)(2), or (b)(3), as
applicable, has:
(A) been pardoned and had the record of the
offense expunged from the person's record; or
(B) received a certificate of discharge by the
Texas Department of Criminal Justice or completed a period of
community supervision or juvenile probation ordered by a court and
at least two years have elapsed from the date the discharge was
received or community supervision or juvenile probation was
completed; or
(2) is seeking to change the person's name or sex to
the primary name or sex used in the person's criminal history record
information.
(d) A person described by Subsection (b)(4) is eligible to
apply for the issuance of a new birth certificate only if the
person:
(1) provides to the state registrar, in addition to
the items required by Section 192.051(a), proof that the person has
notified the appropriate local law enforcement authority of the
proposed change to the person's name and sex or only to the person's
sex, as applicable; and
(2) is seeking to change the person's name or sex to
the primary name or sex used in the person's criminal history record
information and as it appears on the person's registration under
Chapter 62, Code of Criminal Procedure.
(e) For each person described by this section to whom the
state registrar issues a new birth certificate, the state registrar
shall provide to the applicable local law enforcement authority a
copy of the new birth certificate and accompanying certificate of
change issued under Section 192.053.
Sec. 192.053. ISSUANCE OF NEW BIRTH CERTIFICATE AND
SUPPORTING DOCUMENTATION. (a) As soon as practicable after
receiving a complete application for a new birth certificate under
Section 192.051, the state registrar shall issue to the applicant a
new birth certificate that incorporates the changed name and sex or
only the changed sex, as applicable. The new birth certificate may
not include the applicant's name or sex from a prior birth
certificate that is inaccurate for the new birth certificate.
(b) The state registrar shall issue with the new birth
certificate a separate certificate of change document that
includes:
(1) the name and sex of the person before the new birth
certificate is issued;
(2) the name and sex of the person after the new birth
certificate is issued;
(3) each of the person's federal and state
identification numbers, including the person's driver's license
number, passport number, and military identification number, as
applicable; and
(4) the signature of the state registrar.
(c) The state registrar shall:
(1) arrange, bind, and permanently preserve in a
systematic manner a new birth certificate and accompanying
certificate of change issued to a person under this section and the
application and supporting documentation submitted for the new
birth certificate; and
(2) ensure that a copy of the new birth certificate and
accompanying certificate of change issued under this section is
maintained in the central record file described by Chapter 108,
Family Code.
(d) Subject to department rules controlling the
accessibility of vital records, the state registrar shall supply to
a properly qualified applicant, on request, a certified copy of the
new birth certificate and accompanying certificate of change issued
to a person under this section.
Sec. 192.054. LIABILITIES AND RIGHTS UNAFFECTED. A
person's change of name or sex under this subchapter does not
release the person from any liability incurred or defeat any right
the person had under the person's previous name or sex.
Sec. 192.055. LEGAL RIGHTS ASSOCIATED WITH VITAL RECORDS
ISSUED UNDER SUBCHAPTER. (a) A copy of a new birth certificate and
accompanying certificate of change issued to a person under Section
192.053 that is certified by the state registrar is prima facie
evidence of the facts stated in the record and constitutes
sufficient proof for:
(1) the person to correct or amend the person's name or
sex on any government-issued identification to reflect the person's
changed name or sex, including the name or sex on the person's:
(A) driver's license;
(B) voter registration card; and
(C) state-issued professional license; and
(2) the person's name or sex for each state and local
governmental entity in this state, including a school or
university.
(b) A person who is issued a new birth certificate and
accompanying certificate of change under Section 192.053 may manage
the property owned by the person before issuance of those documents
using either the person's prior name or sex, as it may appear on any
title or other ownership record associated with the property, or
the person's changed name or sex under the new birth certificate.
Sec. 192.056. CONSTRUCTION OF SUBCHAPTER; OPTION FOR COURT
ORDERED NAME OR SEX CHANGE UNAFFECTED. Nothing in this subchapter
shall be construed to restrict a person's ability to seek from a
court of competent jurisdiction, or to limit the authority of that
court under other law to issue, an order changing the person's name
or sex.
Sec. 192.057. RULES. The executive commissioner shall
adopt rules and procedures to implement and administer this
subchapter, including rules and procedures to:
(1) establish for both adults and minors applying for
a new birth certificate the same requirements for the physician's
statement under Section 192.051(a)(1);
(2) ensure a person applying for a new birth
certificate is not required to include in the application a court
order authorizing a change to the person's name or sex;
(3) prescribe the appropriate forms and processes for
a person seeking a waiver from the application fee required under
Section 192.051(c), as provided by that section; and
(4) prescribe the form of a certificate of change
issued with a new birth certificate under Section 192.053.
SECTION 2. The heading to Section 191.028, Health and
Safety Code, is amended to read as follows:
Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
SECTION 3. Section 191.028(a), Health and Safety Code, is
amended to read as follows:
(a) A record of a birth, death, or fetal death accepted by a
local registrar for registration may not be changed except as
provided by Subsection (b) or Subchapter C, Chapter 192.
SECTION 4. The heading to Section 192.011, Health and
Safety Code, is amended to read as follows:
Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
CORRECTION.
SECTION 5. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Subchapter C, Chapter 192, Health and Safety Code, as added by this
Act.
SECTION 6. This Act takes effect September 1, 2021.