Texas 2021 - 87th Regular

Texas Senate Bill SB1148 Compare Versions

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

Old	New	Differences
1	1	87R13206 TYPED
2	2	By: Perry S.B. No. 1148
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the required inclusion of a person's sex on a birth
8	8	certificate and prohibited change of sex on the birth certificate
9	9	of certain minors.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 192.002, Health and Safety Code, is
12	12	amended by adding Subsection (c-1) to read as follows:
13	13	(c-1) The form must include a space for recording the
14	14	biological sex of a child as either male or female.
15	15	SECTION 2. Section 192.003, Health and Safety Code, is
16	16	amended by adding Subsections (f) and (g) to read as follows:
17	17	(f) Subject to Subsection (g), a person required to file a
18	18	birth certificate under this section shall ensure the biological
19	19	sex of a child, as determined by the sex organs, chromosomes, or
20	20	endogenous profiles of the child, is listed in the appropriate
21	21	space on the child's birth certificate. A person required to report
22	22	a birth under this section shall report the child's biological sex
23	23	to the local registrar, and the local registrar shall list the
24	24	biological sex in the appropriate space on the birth certificate.
25	25	(g) A person is not required to list on the birth
26	26	certificate or report to the local registrar the biological sex of a
27	27	child whose biological sex is not determined at birth because the
28	28	child, as determined by a physician, has atypical or ambiguous sex
29	29	organs, chromosomes, or endogenous profile for either male or
30	30	female. The birth certificate may be amended under Section 192.011
31	31	at any time after the child's sex is determined to complete the
32	32	information on the certificate by including the child's determined
33	33	sex.
34	34	SECTION 3. Section 192.011, Health and Safety Code, is
35	35	amended by amending Subsection (b) and adding Subsection (d) to
36	36	read as follows:
37	37	(b) Except as provided by Subsection (d), on [On] the
38	38	request of the person or the person's legal representative, the
39	39	state registrar, local registrar, or other person who issues birth
40	40	certificates shall issue a birth certificate that incorporates the
41	41	completed or corrected information instead of issuing a copy of the
42	42	original or supplementary certificate with an amending certificate
43	43	attached.
44	44	(d) The state registrar, local registrar, or other person
45	45	who issues a birth certificate under this section may not issue, and
46	46	a court may not order the issuance of, an amending certificate or a
47	47	birth certificate that incorporates the completed or corrected
48	48	biological sex information for a minor unless:
49	49	(1) the certificate corrects a clerical error on the
50	50	original birth certificate;
51	51	(2) the original birth certificate does not list the
52	52	minor's biological sex as required by Section 192.003(f) and the
53	53	certificate completes the information by listing the minor's
54	54	biological sex; or
55	55	(3) for a minor who at birth had atypical or ambiguous
56	56	sex organs, chromosomes, or endogenous profile for either male or
57	57	female and whose sex is later determined, the certificate:
58	58	(A) corrects the biological sex information
59	59	listed as either male or female on an original birth certificate by
60	60	listing the minor's determined sex as the other biological sex; or
61	61	(B) completes the biological sex information not
62	62	previously listed on an original birth certificate by listing the
63	63	determined sex.
64	64	SECTION 4. As soon as practicable after the effective date
65	65	of this Act, the executive commissioner of the Health and Human
66	66	Services Commission shall adopt rules necessary to implement the
67	67	changes in law made by this Act.
68	68	SECTION 5. This Act takes effect September 1, 2021.