Texas 2025 - 89th Regular

Texas House Bill HB3451 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2438 MCF-F
2	2	By: Rosenthal H.B. No. 3451
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a change of name and sex for certain persons and the
10	10	issuance of associated birth records and documentation;
11	11	authorizing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 191.028, Health and
14	14	Safety Code, is amended to read as follows:
15	15	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
16	16	SECTION 2. Section 191.028(a), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(a) A record of a birth, death, or fetal death accepted by a
19	19	local registrar for registration may not be changed except as
20	20	provided by Subsection (b) or Subchapter C, Chapter 192.
21	21	SECTION 3. The heading to Section 192.011, Health and
22	22	Safety Code, is amended to read as follows:
23	23	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
24	24	CORRECTION.
25	25	SECTION 4. Chapter 192, Health and Safety Code, is amended
26	26	by adding Subchapter C to read as follows:
27	27	SUBCHAPTER C. CHANGE OF NAME AND SEX
28	28	Sec. 192.051. APPLICATION FOR CHANGE OF NAME OR SEX ON BIRTH
29	29	CERTIFICATE. (a) Subject to the eligibility requirements
30	30	prescribed by Section 192.052, an eligible person born in this
31	31	state may apply for the issuance of a new birth certificate
32	32	reflecting and incorporating into the new birth certificate a
33	33	change to the person's name and sex or only to the person's sex by
34	34	providing to the state registrar:
35	35	(1) a signed statement from a physician on the
36	36	physician's official letterhead that includes:
37	37	(A) the physician's contact information,
38	38	including full name, work address, telephone number, and e-mail
39	39	address;
40	40	(B) the physician's medical license number and
41	41	the state or other jurisdiction of licensure;
42	42	(C) the physician's acknowledgment that the
43	43	physician treated the applicant or reviewed and evaluated the
44	44	applicant's medical history;
45	45	(D) the physician's acknowledgment that the
46	46	applicant received or is in the process of receiving appropriate
47	47	medical treatments or procedures to transition from the applicant's
48	48	sex as assigned at birth; and
49	49	(E) the physician's acknowledgment, based on the
50	50	physician's professional medical judgment, that the applicant's
51	51	transitioning from the applicant's sex as assigned at birth is in
52	52	the applicant's best interests;
53	53	(2) a completed application on the form prescribed
54	54	under Subsection (b);
55	55	(3) for a minor applicant who is subject to the
56	56	continuing, exclusive jurisdiction of a court under Chapter 155,
57	57	Family Code, a copy of the court order regarding the applicant; and
58	58	(4) an application fee described by Subsection (c),
59	59	unless the fee is waived under that subsection due to the
60	60	applicant's inability to pay.
61	61	(b) The executive commissioner by rule shall prescribe an
62	62	application form for a person to apply for the issuance of a new
63	63	birth certificate under this section. The form must:
64	64	(1) plainly state the eligibility requirements to
65	65	apply for a new birth certificate;
66	66	(2) include a statement to be signed by the applicant
67	67	or the parent, guardian, or managing conservator of a minor
68	68	applicant that, to the best of the signor's knowledge, the
69	69	applicant is eligible to apply for the new birth certificate; and
70	70	(3) for an applicant who is 16 years of age or younger
71	71	and who is not otherwise emancipated by marriage or court order,
72	72	include a statement to be signed by the applicant's parent,
73	73	guardian, or managing conservator consenting to the issuance of the
74	74	new birth certificate.
75	75	(c) The executive commissioner by rule shall set a fee for
76	76	an application filed under this section. The rules must:
77	77	(1) set the fee in the amount reasonable and necessary
78	78	for the department to administer this subchapter; and
79	79	(2) allow for a person to request a waiver from the fee
80	80	if the person, as determined in accordance with department rules,
81	81	is unable to pay the fee.
82	82	Sec. 192.052. ELIGIBILITY REQUIREMENTS FOR CHANGE OF NAME
83	83	OR SEX. (a) In this section:
84	84	(1) "Criminal history record information" has the
85	85	meaning assigned by Section 411.082, Government Code.
86	86	(2) "Local law enforcement authority" has the meaning
87	87	assigned by Article 62.001, Code of Criminal Procedure.
88	88	(b) Except as otherwise provided by this section, a person
89	89	is ineligible to apply for the issuance of a new birth certificate
90	90	under Section 192.051 if the person:
91	91	(1) has been finally convicted of a felony offense;
92	92	(2) received community supervision, including
93	93	deferred adjudication, for a felony offense;
94	94	(3) is subject to deferred disposition of a felony
95	95	offense; or
96	96	(4) is subject to the registration requirements of
97	97	Chapter 62, Code of Criminal Procedure.
98	98	(c) A person described by Subsection (b)(1), (b)(2), or
99	99	(b)(3) is eligible to apply for the issuance of a new birth
100	100	certificate under Section 192.051 only if the person provides to
101	101	the state registrar, in addition to the items required by Section
102	102	192.051(a), proof the person has notified the appropriate local law
103	103	enforcement authority of the proposed change to the person's name
104	104	and sex or only to the person's sex, as applicable, and the person:
105	105	(1) for the felony offense for which the person is
106	106	ineligible under Subsection (b)(1), (b)(2), or (b)(3), as
107	107	applicable, has:
108	108	(A) been pardoned and had the record of the
109	109	offense expunged from the person's record; or
110	110	(B) received a certificate of discharge by the
111	111	Texas Department of Criminal Justice or completed a period of
112	112	community supervision or juvenile probation ordered by a court and
113	113	at least two years have elapsed from the date of the discharge or of
114	114	the completion of community supervision or juvenile probation; or
115	115	(2) is seeking to change the person's name or sex to
116	116	the primary name or sex used in the person's criminal history record
117	117	information.
118	118	(d) A person described by Subsection (b)(4) is eligible to
119	119	apply for the issuance of a new birth certificate only if the
120	120	person:
121	121	(1) provides to the state registrar, in addition to
122	122	the items required by Section 192.051(a), proof the person has
123	123	notified the appropriate local law enforcement authority of the
124	124	proposed change to the person's name and sex or only to the person's
125	125	sex, as applicable; and
126	126	(2) is seeking to change the person's name or sex to
127	127	the primary name or sex used in the person's criminal history record
128	128	information and as it appears on the person's registration under
129	129	Chapter 62, Code of Criminal Procedure.
130	130	(e) For each person described by this section to whom the
131	131	state registrar issues a new birth certificate, the state registrar
132	132	shall provide to the applicable local law enforcement authority:
133	133	(1) a copy of the new birth certificate; and
134	134	(2) the accompanying certificate of change issued
135	135	under Section 192.053.
136	136	Sec. 192.053. ISSUANCE OF NEW BIRTH CERTIFICATE AND
137	137	SUPPORTING DOCUMENTATION. (a) As soon as practicable after
138	138	receiving a complete application for a new birth certificate under
139	139	Section 192.051, the state registrar shall issue to the applicant a
140	140	new birth certificate that incorporates the changed name and sex or
141	141	only the changed sex, as applicable. The new birth certificate may
142	142	not include the applicant's name or sex from a prior birth
143	143	certificate that is inaccurate for the new birth certificate.
144	144	(b) The state registrar shall issue with the new birth
145	145	certificate a separate certificate of change that includes:
146	146	(1) the name and sex of the person before the new birth
147	147	certificate is issued;
148	148	(2) the name and sex of the person after the new birth
149	149	certificate is issued;
150	150	(3) each of the person's federal and state
151	151	identification numbers, including the person's driver's license
152	152	number, passport number, and military identification number, as
153	153	applicable; and
154	154	(4) the signature of the state registrar.
155	155	(c) The state registrar shall:
156	156	(1) arrange, bind, and permanently preserve in a
157	157	systematic manner a new birth certificate and accompanying
158	158	certificate of change issued to a person under this section and the
159	159	application and supporting documentation submitted for the new
160	160	birth certificate; and
161	161	(2) ensure that a copy of the new birth certificate and
162	162	accompanying certificate of change issued under this section is
163	163	maintained in the central record file described by Chapter 108,
164	164	Family Code.
165	165	(d) Subject to department rules controlling the
166	166	accessibility of vital records, the state registrar shall supply to
167	167	a properly qualified applicant, on request, a certified copy of the
168	168	new birth certificate and accompanying certificate of change issued
169	169	to a person under this section.
170	170	Sec. 192.054. LIABILITIES AND RIGHTS UNAFFECTED. A
171	171	person's change of name or sex under this subchapter does not
172	172	release the person from any liability incurred or defeat any right
173	173	the person had under the person's previous name or sex.
174	174	Sec. 192.055. LEGAL RIGHTS ASSOCIATED WITH VITAL RECORDS
175	175	ISSUED UNDER SUBCHAPTER. (a) A copy of a new birth certificate and
176	176	accompanying certificate of change issued to a person under Section
177	177	192.053 that is certified by the state registrar is prima facie
178	178	evidence of the facts stated in the record and constitutes
179	179	sufficient proof for:
180	180	(1) the person to correct or amend the person's name or
181	181	sex on any government-issued identification to reflect the person's
182	182	changed name or sex, including the name or sex on the person's:
183	183	(A) driver's license;
184	184	(B) voter registration card; and
185	185	(C) state-issued professional license; and
186	186	(2) the person's name or sex for each state and local
187	187	governmental entity in this state, including a school or
188	188	university.
189	189	(b) A person who is issued a new birth certificate and
190	190	accompanying certificate of change under Section 192.053 may manage
191	191	the property owned by the person before issuance of those documents
192	192	using either the person's prior name or sex, as it may appear on any
193	193	title or other ownership record associated with the property, or
194	194	the person's changed name or sex under the new birth certificate.
195	195	Sec. 192.056. CONSTRUCTION OF SUBCHAPTER; OPTION FOR
196	196	COURT-ORDERED NAME OR SEX CHANGE UNAFFECTED. Nothing in this
197	197	subchapter shall be construed to restrict a person's ability to
198	198	seek from a court of competent jurisdiction, or to limit the
199	199	authority of that court under other law to issue, an order changing
200	200	the person's name or sex.
201	201	Sec. 192.057. RULES. The executive commissioner shall
202	202	adopt rules and procedures to implement and administer this
203	203	subchapter, including rules and procedures to:
204	204	(1) establish for both adults and minors applying for
205	205	a new birth certificate the same requirements for the physician's
206	206	statement under Section 192.051(a)(1);
207	207	(2) ensure a person applying for a new birth
208	208	certificate is not required to include in the application a court
209	209	order authorizing a change to the person's name or sex;
210	210	(3) prescribe the appropriate forms and processes for
211	211	a person seeking a waiver from the application fee required under
212	212	Section 192.051(c), as provided by that section; and
213	213	(4) prescribe the form of a certificate of change
214	214	issued with a new birth certificate under Section 192.053.
215	215	SECTION 5. As soon as practicable after the effective date
216	216	of this Act, the executive commissioner of the Health and Human
217	217	Services Commission shall adopt rules necessary to implement
218	218	Subchapter C, Chapter 192, Health and Safety Code, as added by this
219	219	Act.
220	220	SECTION 6. This Act takes effect September 1, 2025.