| 1 | 1 | | 88R20747 EAS-D |
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| 2 | 2 | | By: Toth, Anderson, et al. H.B. No. 1952 |
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| 3 | 3 | | Substitute the following for H.B. No. 1952: |
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| 4 | 4 | | By: Schofield C.S.H.B. No. 1952 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the required inclusion of a person's sex on a birth |
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| 10 | 10 | | certificate and prohibited change of sex on the birth certificate |
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| 11 | 11 | | of certain minors. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 192.002, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Subsection (c-1) to read as follows: |
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| 15 | 15 | | (c-1) The form must include a space for recording the |
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| 16 | 16 | | biological sex of a child as either male or female. |
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| 17 | 17 | | SECTION 2. Section 192.003, Health and Safety Code, is |
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| 18 | 18 | | amended by adding Subsections (f) and (g) to read as follows: |
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| 19 | 19 | | (f) Subject to Subsection (g), a person required to file a |
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| 20 | 20 | | birth certificate under this section shall ensure the biological |
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| 21 | 21 | | sex of a child, as determined by the sex organs, chromosomes, or |
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| 22 | 22 | | endogenous profile of the child, is listed in the appropriate space |
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| 23 | 23 | | on the child's birth certificate. A person required to report a |
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| 24 | 24 | | birth under this section shall report the child's biological sex to |
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| 25 | 25 | | the local registrar, and the local registrar shall list the |
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| 26 | 26 | | biological sex in the appropriate space on the birth certificate. |
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| 27 | 27 | | (g) A person is not required to list on the birth |
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| 28 | 28 | | certificate or report to the local registrar the biological sex of a |
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| 29 | 29 | | child whose biological sex is not determined at birth because the |
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| 30 | 30 | | child, as determined by a physician, has atypical or ambiguous sex |
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| 31 | 31 | | organs, chromosomes, or endogenous profile for either male or |
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| 32 | 32 | | female. The birth certificate may be amended under Section 192.011 |
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| 33 | 33 | | at any time after the child's sex is determined to complete the |
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| 34 | 34 | | information on the certificate by including the child's determined |
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| 35 | 35 | | sex. |
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| 36 | 36 | | SECTION 3. Section 192.011, Health and Safety Code, is |
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| 37 | 37 | | amended by amending Subsection (b) and adding Subsection (d) to |
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| 38 | 38 | | read as follows: |
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| 39 | 39 | | (b) Except as provided by Subsection (d), on [On] the |
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| 40 | 40 | | request of the person or the person's legal representative, the |
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| 41 | 41 | | state registrar, local registrar, or other person who issues birth |
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| 42 | 42 | | certificates shall issue a birth certificate that incorporates the |
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| 43 | 43 | | completed or corrected information instead of issuing a copy of the |
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| 44 | 44 | | original or supplementary certificate with an amending certificate |
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| 45 | 45 | | attached. |
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| 46 | 46 | | (d) The state registrar, local registrar, or other person |
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| 47 | 47 | | who issues a birth certificate under this section may not issue, and |
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| 48 | 48 | | a court may not order the issuance of, a birth certificate that |
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| 49 | 49 | | incorporates the completed or corrected biological sex information |
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| 50 | 50 | | for a minor unless: |
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| 51 | 51 | | (1) the certificate corrects a clerical error on the |
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| 52 | 52 | | original birth certificate; |
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| 53 | 53 | | (2) the original birth certificate does not list the |
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| 54 | 54 | | minor's biological sex as required by Section 192.003(f) and the |
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| 55 | 55 | | certificate completes the information by listing the minor's |
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| 56 | 56 | | biological sex; or |
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| 57 | 57 | | (3) for a minor who at birth had atypical or ambiguous |
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| 58 | 58 | | sex organs, chromosomes, or endogenous profile for either male or |
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| 59 | 59 | | female and whose sex is later determined, the certificate: |
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| 60 | 60 | | (A) corrects the biological sex information |
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| 61 | 61 | | listed as either male or female on an original birth certificate by |
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| 62 | 62 | | listing the minor's determined sex as the other biological sex; or |
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| 63 | 63 | | (B) completes the biological sex information not |
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| 64 | 64 | | previously listed on an original birth certificate by listing the |
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| 65 | 65 | | determined sex. |
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| 66 | 66 | | SECTION 4. As soon as practicable after the effective date |
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| 67 | 67 | | of this Act, the executive commissioner of the Health and Human |
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| 68 | 68 | | Services Commission shall adopt rules necessary to implement the |
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| 69 | 69 | | changes in law made by this Act. |
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| 70 | 70 | | SECTION 5. This Act takes effect September 1, 2023. |
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