Texas 2023 - 88th Regular

Texas House Bill HB1102 Compare Versions

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1	1	88R5738 MCF-D
2	2	By: Rosenthal H.B. No. 1102
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. CHANGE OF NAME AND SEX; ISSUANCE OF VITAL
14	14	RECORDS AND DOCUMENTATION. (a) A person born in this state may
15	15	apply for issuance of a new birth certificate with a change to the
16	16	person's name and sex incorporated into the certificate by
17	17	providing to the state registrar:
18	18	(1) a sworn affidavit of a physician licensed to
19	19	practice medicine in this state that:
20	20	(A) is written on the physician's letterhead;
21	21	(B) includes the physician's full name;
22	22	(C) includes the physician's medical license
23	23	number;
24	24	(D) includes the jurisdiction that issued the
25	25	physician's medical license;
26	26	(E) states a physician-patient relationship
27	27	exists between the physician and the applicant; and
28	28	(F) states the applicant has undergone a
29	29	clinically appropriate treatment for the purpose of transitioning
30	30	to another sex;
31	31	(2) a completed application on the form prescribed by
32	32	the department under Subsection (i); and
33	33	(3) the fee described by Subsection (m).
34	34	(b) The state registrar may not require the person applying
35	35	for a new birth certificate under this section to include a court
36	36	order authorizing the name change.
37	37	(c) A person is ineligible to apply for a new birth
38	38	certificate under this section if the person has been finally
39	39	convicted of a felony offense under or has been subject to the
40	40	registration requirements of Chapter 62, Code of Criminal
41	41	Procedure. In this subsection, a person is considered finally
42	42	convicted of a felony offense if for a felony offense:
43	43	(1) a sentence is imposed on the person;
44	44	(2) the person receives community supervision,
45	45	including deferred adjudication; or
46	46	(3) the court defers final disposition of the person's
47	47	case.
48	48	(d) A person who is ineligible under Subsection (c) to apply
49	49	for a new birth certificate under this section may petition for a
50	50	change of name in accordance with Chapter 45, Family Code.
51	51	(e) In processing an application under this section, the
52	52	state registrar shall determine whether the applicant is ineligible
53	53	under Subsection (c) to apply for a new birth certificate under this
54	54	section.
55	55	(f) The state registrar shall issue a new birth certificate
56	56	that incorporates the change of name and sex and attach to the birth
57	57	certificate a change of name and sex certificate if the application
58	58	filed under this section complies with this section and rules
59	59	adopted under this section. The new birth certificate may not
60	60	include the applicant's name and sex from a prior birth certificate
61	61	that are inaccurate for the new birth certificate.
62	62	(g) A change of name and sex certificate issued under this
63	63	section must include:
64	64	(1) the name and sex of the person before the
65	65	certificate is issued;
66	66	(2) the name and sex of the person after the
67	67	certificate is issued;
68	68	(3) the date the certificate is issued;
69	69	(4) the person's social security number and any
70	70	driver's license number; and
71	71	(5) the signature of the state registrar.
72	72	(h) A change of name and sex certificate issued under this
73	73	section constitutes proof of the change of name and sex of the
74	74	person named in the certificate.
75	75	(i) The department shall prescribe a form for applying for a
76	76	new birth certificate under this section. The form must:
77	77	(1) plainly state the eligibility requirements to
78	78	apply for a new birth certificate under this section;
79	79	(2) include a statement, to be signed by the
80	80	applicant, or the applicant's parent, legal guardian, or managing
81	81	conservator if the applicant is a minor, that to the best of the
82	82	person's knowledge, the applicant is eligible to apply for a new
83	83	birth certificate under this section; and
84	84	(3) require the written, signed consent of the
85	85	applicant's parent, legal guardian, or managing conservator if the
86	86	applicant is a minor.
87	87	(j) The state registrar shall arrange, bind, and
88	88	permanently preserve in a systematic manner change of name and sex
89	89	certificates issued under this section and the application and
90	90	supporting information submitted with the application filed under
91	91	this section.
92	92	(k) A certified copy of a change of name and sex certificate
93	93	issued under this section is prima facie evidence of the facts
94	94	stated in the record.
95	95	(l) Subject to department rules controlling the
96	96	accessibility of vital records, the state registrar shall supply to
97	97	a properly qualified applicant, on request, a certified copy of a
98	98	change of name and sex certificate issued under this section.
99	99	(m) The executive commissioner shall adopt rules to
100	100	implement this section and set a fee for an application filed under
101	101	this section in an amount reasonable and necessary for the
102	102	department to administer this section.
103	103	SECTION 2. The heading to Section 191.028, Health and
104	104	Safety Code, is amended to read as follows:
105	105	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
106	106	SECTION 3. Section 191.028(a), Health and Safety Code, is
107	107	amended to read as follows:
108	108	(a) A record of a birth, death, or fetal death accepted by a
109	109	local registrar for registration may not be changed except as
110	110	provided by Subsection (b) or Section 192.0115.
111	111	SECTION 4. The heading to Section 192.011, Health and
112	112	Safety Code, is amended to read as follows:
113	113	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
114	114	CORRECTION.
115	115	SECTION 5. As soon as practicable after the effective date
116	116	of this Act, the executive commissioner of the Health and Human
117	117	Services Commission shall adopt rules necessary to implement
118	118	Section 192.0115, Health and Safety Code, as added by this Act.
119	119	SECTION 6. This Act takes effect September 1, 2023.