88R5738 MCF-D
By: Rosenthal H.B. No. 1102
A BILL TO BE ENTITLED
AN ACT
relating to a change of name and sex for certain persons and the
issuance of associated vital records and documentation;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 192, Health and Safety
Code, is amended by adding Section 192.0115 to read as follows:
Sec. 192.0115. CHANGE OF NAME AND SEX; ISSUANCE OF VITAL
RECORDS AND DOCUMENTATION. (a) A person born in this state may
apply for issuance of a new birth certificate with a change to the
person's name and sex incorporated into the certificate by
providing to the state registrar:
(1) a sworn affidavit of a physician licensed to
practice medicine in this state that:
(A) is written on the physician's letterhead;
(B) includes the physician's full name;
(C) includes the physician's medical license
number;
(D) includes the jurisdiction that issued the
physician's medical license;
(E) states a physician-patient relationship
exists between the physician and the applicant; and
(F) states the applicant has undergone a
clinically appropriate treatment for the purpose of transitioning
to another sex;
(2) a completed application on the form prescribed by
the department under Subsection (i); and
(3) the fee described by Subsection (m).
(b) The state registrar may not require the person applying
for a new birth certificate under this section to include a court
order authorizing the name change.
(c) A person is ineligible to apply for a new birth
certificate under this section if the person has been finally
convicted of a felony offense under or has been subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure. In this subsection, a person is considered finally
convicted of a felony offense if for a felony offense:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) A person who is ineligible under Subsection (c) to apply
for a new birth certificate under this section may petition for a
change of name in accordance with Chapter 45, Family Code.
(e) In processing an application under this section, the
state registrar shall determine whether the applicant is ineligible
under Subsection (c) to apply for a new birth certificate under this
section.
(f) The state registrar shall issue a new birth certificate
that incorporates the change of name and sex and attach to the birth
certificate a change of name and sex certificate if the application
filed under this section complies with this section and rules
adopted under this section. The new birth certificate may not
include the applicant's name and sex from a prior birth certificate
that are inaccurate for the new birth certificate.
(g) A change of name and sex certificate issued under this
section must include:
(1) the name and sex of the person before the
certificate is issued;
(2) the name and sex of the person after the
certificate is issued;
(3) the date the certificate is issued;
(4) the person's social security number and any
driver's license number; and
(5) the signature of the state registrar.
(h) A change of name and sex certificate issued under this
section constitutes proof of the change of name and sex of the
person named in the certificate.
(i) The department shall prescribe a form for applying for a
new birth certificate under this section. The form must:
(1) plainly state the eligibility requirements to
apply for a new birth certificate under this section;
(2) include a statement, to be signed by the
applicant, or the applicant's parent, legal guardian, or managing
conservator if the applicant is a minor, that to the best of the
person's knowledge, the applicant is eligible to apply for a new
birth certificate under this section; and
(3) require the written, signed consent of the
applicant's parent, legal guardian, or managing conservator if the
applicant is a minor.
(j) The state registrar shall arrange, bind, and
permanently preserve in a systematic manner change of name and sex
certificates issued under this section and the application and
supporting information submitted with the application filed under
this section.
(k) A certified copy of a change of name and sex certificate
issued under this section is prima facie evidence of the facts
stated in the record.
(l) 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 a
change of name and sex certificate issued under this section.
(m) The executive commissioner shall adopt rules to
implement this section and set a fee for an application filed under
this section in an amount reasonable and necessary for the
department to administer this section.
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 Section 192.0115.
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
Section 192.0115, Health and Safety Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2023.