Texas 2023 - 88th Regular

Texas Senate Bill SB162 Compare Versions

Version 1 (Old)

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1	1	By: Perry, et al. S.B. No. 162
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the required inclusion of a person's sex on a birth
7	7	certificate and prohibited change of sex on the birth certificate
8	8	of certain minors.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 192.002, Health and Safety Code, is
11	11	amended by adding Subsection (c-1) to read as follows:
12	12	(c-1) The form must include a space for recording the
13	13	biological sex of a child as either male or female.
14	14	SECTION 2. Section 192.003, Health and Safety Code, is
15	15	amended by adding Subsections (f) and (g) to read as follows:
16	16	(f) Subject to Subsection (g), a person required to file a
17	17	birth certificate under this section shall ensure the biological
18	18	sex of a child, as determined by the sex organs, chromosomes, or
19	19	endogenous profile of the child, is listed in the appropriate space
20	20	on the child's birth certificate. A person required to report a
21	21	birth under this section shall report the child's biological sex to
22	22	the local registrar, and the local registrar shall list the
23	23	biological sex in the appropriate space on the birth certificate.
24	24	(g) A person is not required to list on the birth
25	25	certificate or report to the local registrar the biological sex of a
26	26	child whose biological sex is not determined at birth because the
27	27	child, as determined by a physician, has atypical or ambiguous sex
28	28	organs, chromosomes, or endogenous profile for either male or
29	29	female. The birth certificate may be amended under Section 192.011
30	30	at any time after the child's sex is determined to complete the
31	31	information on the certificate by including the child's determined
32	32	sex.
33	33	SECTION 3. Section 192.011, Health and Safety Code, is
34	34	amended by amending Subsection (b) and adding Subsection (d) to
35	35	read as follows:
36	36	(b) Except as provided by Subsection (d), on [On] the
37	37	request of the person or the person's legal representative, the
38	38	state registrar, local registrar, or other person who issues birth
39	39	certificates shall issue a birth certificate that incorporates the
40	40	completed or corrected information instead of issuing a copy of the
41	41	original or supplementary certificate with an amending certificate
42	42	attached.
43	43	(d) The state registrar, local registrar, or other person
44	44	who issues a birth certificate under this section may not issue, and
45	45	a court may not order the issuance of, a birth certificate that
46	46	incorporates the completed or corrected biological sex information
47	47	for a minor unless:
48	48	(1) the certificate corrects a clerical error on the
49	49	original birth certificate;
50	50	(2) the original birth certificate does not list the
51	51	minor's biological sex as required by Section 192.003(f) and the
52	52	certificate completes the information by listing the minor's
53	53	biological sex; or
54	54	(3) for a minor who at birth had atypical or ambiguous
55	55	sex organs, chromosomes, or endogenous profile for either male or
56	56	female and whose sex is later determined, the certificate:
57	57	(A) corrects the biological sex information
58	58	listed as either male or female on an original birth certificate by
59	59	listing the minor's determined sex as the other biological sex; or
60	60	(B) completes the biological sex information not
61	61	previously listed on an original birth certificate by listing the
62	62	determined sex.
63	63	SECTION 4. As soon as practicable after the effective date
64	64	of this Act, the executive commissioner of the Health and Human
65	65	Services Commission shall adopt rules necessary to implement the
66	66	changes in law made by this Act.
67	67	SECTION 5. This Act takes effect September 1, 2023.