Texas 2023 - 88th Regular

Texas House Bill HB752 Compare Versions

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1	1	88R226 JG-F
2	2	By: Rosenthal H.B. No. 752
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 birth 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. The heading to Section 191.028, Health and
12	12	Safety Code, is amended to read as follows:
13	13	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
14	14	SECTION 2. Section 191.028(a), Health and Safety Code, is
15	15	amended to read as follows:
16	16	(a) A record of a birth, death, or fetal death accepted by a
17	17	local registrar for registration may not be changed except as
18	18	provided by Subsection (b) or Subchapter C, Chapter 192.
19	19	SECTION 3. The heading to Section 192.011, Health and
20	20	Safety Code, is amended to read as follows:
21	21	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
22	22	CORRECTION.
23	23	SECTION 4. Chapter 192, Health and Safety Code, is amended
24	24	by adding Subchapter C to read as follows:
25	25	SUBCHAPTER C. CHANGE OF NAME AND SEX
26	26	Sec. 192.051. APPLICATION FOR CHANGE OF NAME OR SEX ON BIRTH
27	27	CERTIFICATE. (a) Subject to the eligibility requirements
28	28	prescribed by Section 192.052, an eligible person born in this
29	29	state may apply for the issuance of a new birth certificate
30	30	reflecting and incorporating into the new birth certificate a
31	31	change to the person's name and sex or only to the person's sex by
32	32	providing to the state registrar:
33	33	(1) a signed statement from a physician on the
34	34	physician's official letterhead that includes:
35	35	(A) the physician's contact information,
36	36	including full name, work address, telephone number, and e-mail
37	37	address;
38	38	(B) the physician's medical license number and
39	39	the state or other jurisdiction of licensure;
40	40	(C) the physician's acknowledgment that the
41	41	physician treated the applicant or reviewed and evaluated the
42	42	applicant's medical history;
43	43	(D) the physician's acknowledgment that the
44	44	applicant received or is in the process of receiving appropriate
45	45	medical treatments or procedures to transition from the applicant's
46	46	sex as assigned at birth; and
47	47	(E) the physician's acknowledgment, based on the
48	48	physician's professional medical judgment, that the applicant's
49	49	transitioning from the applicant's sex as assigned at birth is in
50	50	the applicant's best interests;
51	51	(2) a completed application on the form prescribed
52	52	under Subsection (b);
53	53	(3) for a minor applicant who is subject to the
54	54	continuing, exclusive jurisdiction of a court under Chapter 155,
55	55	Family Code, a copy of the court order regarding the applicant; and
56	56	(4) an application fee described by Subsection (c),
57	57	unless the fee is waived under that subsection due to the
58	58	applicant's inability to pay.
59	59	(b) The executive commissioner by rule shall prescribe an
60	60	application form for a person to apply for the issuance of a new
61	61	birth certificate under this section. The form must:
62	62	(1) plainly state the eligibility requirements to
63	63	apply for a new birth certificate;
64	64	(2) include a statement to be signed by the applicant
65	65	or the parent, guardian, or managing conservator of a minor
66	66	applicant that, to the best of the signor's knowledge, the
67	67	applicant is eligible to apply for the new birth certificate; and
68	68	(3) for an applicant who is 16 years of age or younger
69	69	and who is not otherwise emancipated by marriage or court order,
70	70	include a statement to be signed by the applicant's parent,
71	71	guardian, or managing conservator consenting to the issuance of the
72	72	new birth certificate.
73	73	(c) The executive commissioner by rule shall set a fee for
74	74	an application filed under this section. The rules must:
75	75	(1) set the fee in the amount reasonable and necessary
76	76	for the department to administer this subchapter; and
77	77	(2) allow for a person to request a waiver from the fee
78	78	if the person, as determined in accordance with department rules,
79	79	is unable to pay the fee.
80	80	Sec. 192.052. ELIGIBILITY REQUIREMENTS FOR CHANGE OF NAME
81	81	OR SEX. (a) In this section:
82	82	(1) "Criminal history record information" has the
83	83	meaning assigned by Section 411.082, Government Code.
84	84	(2) "Local law enforcement authority" has the meaning
85	85	assigned by Article 62.001, Code of Criminal Procedure.
86	86	(b) Except as otherwise provided by this section, a person
87	87	is ineligible to apply for the issuance of a new birth certificate
88	88	under Section 192.051 if the person:
89	89	(1) has been finally convicted of a felony offense;
90	90	(2) received community supervision, including
91	91	deferred adjudication, for a felony offense;
92	92	(3) is subject to deferred disposition of a felony
93	93	offense; or
94	94	(4) is subject to the registration requirements of
95	95	Chapter 62, Code of Criminal Procedure.
96	96	(c) A person described by Subsection (b)(1), (b)(2), or
97	97	(b)(3) is eligible to apply for the issuance of a new birth
98	98	certificate under Section 192.051 only if the person provides to
99	99	the state registrar, in addition to the items required by Section
100	100	192.051(a), proof that the person has notified the appropriate
101	101	local law enforcement authority of the proposed change to the
102	102	person's name and sex or only to the person's sex, as applicable,
103	103	and the person:
104	104	(1) for the felony offense for which the person is
105	105	ineligible under Subsection (b)(1), (b)(2), or (b)(3), as
106	106	applicable, has:
107	107	(A) been pardoned and had the record of the
108	108	offense expunged from the person's record; or
109	109	(B) received a certificate of discharge by the
110	110	Texas Department of Criminal Justice or completed a period of
111	111	community supervision or juvenile probation ordered by a court and
112	112	at least two years have elapsed from the date of the discharge or of
113	113	the completion of community supervision or juvenile probation; or
114	114	(2) is seeking to change the person's name or sex to
115	115	the primary name or sex used in the person's criminal history record
116	116	information.
117	117	(d) A person described by Subsection (b)(4) is eligible to
118	118	apply for the issuance of a new birth certificate only if the
119	119	person:
120	120	(1) provides to the state registrar, in addition to
121	121	the items required by Section 192.051(a), proof that the person has
122	122	notified the appropriate local law enforcement authority of the
123	123	proposed change to the person's name and sex or only to the person's
124	124	sex, as applicable; and
125	125	(2) is seeking to change the person's name or sex to
126	126	the primary name or sex used in the person's criminal history record
127	127	information and as it appears on the person's registration under
128	128	Chapter 62, Code of Criminal Procedure.
129	129	(e) For each person described by this section to whom the
130	130	state registrar issues a new birth certificate, the state registrar
131	131	shall provide to the applicable local law enforcement authority:
132	132	(1) a copy of the new birth certificate; and
133	133	(2) the accompanying certificate of change issued
134	134	under Section 192.053.
135	135	Sec. 192.053. ISSUANCE OF NEW BIRTH CERTIFICATE AND
136	136	SUPPORTING DOCUMENTATION. (a) As soon as practicable after
137	137	receiving a complete application for a new birth certificate under
138	138	Section 192.051, the state registrar shall issue to the applicant a
139	139	new birth certificate that incorporates the changed name and sex or
140	140	only the changed sex, as applicable. The new birth certificate may
141	141	not include the applicant's name or sex from a prior birth
142	142	certificate that is inaccurate for the new birth certificate.
143	143	(b) The state registrar shall issue with the new birth
144	144	certificate a separate certificate of change that includes:
145	145	(1) the name and sex of the person before the new birth
146	146	certificate is issued;
147	147	(2) the name and sex of the person after the new birth
148	148	certificate is issued;
149	149	(3) each of the person's federal and state
150	150	identification numbers, including the person's driver's license
151	151	number, passport number, and military identification number, as
152	152	applicable; and
153	153	(4) the signature of the state registrar.
154	154	(c) The state registrar shall:
155	155	(1) arrange, bind, and permanently preserve in a
156	156	systematic manner a new birth certificate and accompanying
157	157	certificate of change issued to a person under this section and the
158	158	application and supporting documentation submitted for the new
159	159	birth certificate; and
160	160	(2) ensure that a copy of the new birth certificate and
161	161	accompanying certificate of change issued under this section is
162	162	maintained in the central record file described by Chapter 108,
163	163	Family Code.
164	164	(d) Subject to department rules controlling the
165	165	accessibility of vital records, the state registrar shall supply to
166	166	a properly qualified applicant, on request, a certified copy of the
167	167	new birth certificate and accompanying certificate of change issued
168	168	to a person under this section.
169	169	Sec. 192.054. LIABILITIES AND RIGHTS UNAFFECTED. A
170	170	person's change of name or sex under this subchapter does not
171	171	release the person from any liability incurred or defeat any right
172	172	the person had under the person's previous name or sex.
173	173	Sec. 192.055. LEGAL RIGHTS ASSOCIATED WITH VITAL RECORDS
174	174	ISSUED UNDER SUBCHAPTER. (a) A copy of a new birth certificate and
175	175	accompanying certificate of change issued to a person under Section
176	176	192.053 that is certified by the state registrar is prima facie
177	177	evidence of the facts stated in the record and constitutes
178	178	sufficient proof for:
179	179	(1) the person to correct or amend the person's name or
180	180	sex on any government-issued identification to reflect the person's
181	181	changed name or sex, including the name or sex on the person's:
182	182	(A) driver's license;
183	183	(B) voter registration card; and
184	184	(C) state-issued professional license; and
185	185	(2) the person's name or sex for each state and local
186	186	governmental entity in this state, including a school or
187	187	university.
188	188	(b) A person who is issued a new birth certificate and
189	189	accompanying certificate of change under Section 192.053 may manage
190	190	the property owned by the person before issuance of those documents
191	191	using either the person's prior name or sex, as it may appear on any
192	192	title or other ownership record associated with the property, or
193	193	the person's changed name or sex under the new birth certificate.
194	194	Sec. 192.056. CONSTRUCTION OF SUBCHAPTER; OPTION FOR
195	195	COURT-ORDERED NAME OR SEX CHANGE UNAFFECTED. Nothing in this
196	196	subchapter shall be construed to restrict a person's ability to
197	197	seek from a court of competent jurisdiction, or to limit the
198	198	authority of that court under other law to issue, an order changing
199	199	the person's name or sex.
200	200	Sec. 192.057. RULES. The executive commissioner shall
201	201	adopt rules and procedures to implement and administer this
202	202	subchapter, including rules and procedures to:
203	203	(1) establish for both adults and minors applying for
204	204	a new birth certificate the same requirements for the physician's
205	205	statement under Section 192.051(a)(1);
206	206	(2) ensure a person applying for a new birth
207	207	certificate is not required to include in the application a court
208	208	order authorizing a change to the person's name or sex;
209	209	(3) prescribe the appropriate forms and processes for
210	210	a person seeking a waiver from the application fee required under
211	211	Section 192.051(c), as provided by that section; and
212	212	(4) prescribe the form of a certificate of change
213	213	issued with a new birth certificate under Section 192.053.
214	214	SECTION 5. As soon as practicable after the effective date
215	215	of this Act, the executive commissioner of the Health and Human
216	216	Services Commission shall adopt rules necessary to implement
217	217	Subchapter C, Chapter 192, Health and Safety Code, as added by this
218	218	Act.
219	219	SECTION 6. This Act takes effect September 1, 2023.