Texas 2025 - 89th Regular

Texas Senate Bill SB1696 Compare Versions

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

Old	New	Differences
1	1	89R5584 EAS-D
2	2	By: Hall, et al. S.B. No. 1696
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the inclusion of a person's sex on certain government
10	10	documents and identification cards.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 192.002, Health and Safety Code, is
13	13	amended by adding Subsection (c-1) to read as follows:
14	14	(c-1) The form must include a space for recording the
15	15	biological sex of a child as either male or female.
16	16	SECTION 2. Section 192.003, Health and Safety Code, is
17	17	amended by adding Subsections (f) and (g) to read as follows:
18	18	(f) Subject to Subsection (g), a person required to file a
19	19	birth certificate under this section shall ensure the biological
20	20	sex of a child, as determined by the sex organs, chromosomes, or
21	21	endogenous profile of the child, is listed in the appropriate space
22	22	on the child's birth certificate. A person required to report a
23	23	birth under this section shall report the child's biological sex to
24	24	the local registrar, and the local registrar shall list the
25	25	biological sex in the appropriate space on the birth certificate.
26	26	(g) A person is not required to list on the birth
27	27	certificate or report to the local registrar the biological sex of a
28	28	child whose biological sex is not determined at birth because the
29	29	child, as determined by a physician, has atypical or ambiguous sex
30	30	organs, chromosomes, or endogenous profile for either male or
31	31	female. The birth certificate may be amended under Section 192.011
32	32	at any time after the child's sex is determined to complete the
33	33	information on the certificate by including the child's determined
34	34	sex.
35	35	SECTION 3. Section 192.011, Health and Safety Code, is
36	36	amended by amending Subsection (b) and adding Subsection (d) to
37	37	read as follows:
38	38	(b) Except as provided by Subsection (d), on [On] the
39	39	request of the person or the person's legal representative, the
40	40	state registrar, local registrar, or other person who issues birth
41	41	certificates shall issue a birth certificate that incorporates the
42	42	completed or corrected information instead of issuing a copy of the
43	43	original or supplementary certificate with an amending certificate
44	44	attached.
45	45	(d) The state registrar, local registrar, or other person
46	46	who issues a birth certificate under this section may not issue, and
47	47	a court may not order the issuance of, a birth certificate that
48	48	incorporates a person's completed or corrected biological sex
49	49	information unless:
50	50	(1) the certificate corrects a clerical error on the
51	51	original birth certificate;
52	52	(2) the original birth certificate does not list the
53	53	person's biological sex as required by Section 192.003(f) and the
54	54	certificate completes the information by listing the person's
55	55	biological sex;
56	56	(3) for a person who at birth had atypical or ambiguous
57	57	sex organs, chromosomes, or endogenous profile for either male or
58	58	female and whose sex is later determined, the certificate:
59	59	(A) corrects the biological sex information
60	60	listed as either male or female on an original birth certificate by
61	61	listing the person's determined sex as the other biological sex; or
62	62	(B) completes the biological sex information not
63	63	previously listed on an original birth certificate by listing the
64	64	determined sex; or
65	65	(4) the person was previously issued a birth
66	66	certificate that listed the person's sex as the opposite of the
67	67	person's biological sex as determined by the sex organs,
68	68	chromosomes, or endogenous profile of the person at birth and the
69	69	certificate corrects the biological sex information.
70	70	SECTION 4. Sections 193.001(a) and (a-1), Health and Safety
71	71	Code, are amended to read as follows:
72	72	(a) The department shall prescribe the form and contents of
73	73	death certificates and fetal death certificates. The form must
74	74	include a space for recording the biological sex of a decedent as
75	75	either male or female.
76	76	(a-1) In prescribing each form under Subsection (a), the
77	77	department shall ensure that the form instructs the person required
78	78	to file the death certificate or fetal death certificate to:
79	79	(1) enter the date in the standard order of "month,
80	80	day, year"; [and]
81	81	(2) spell out the name of the month when entering the
82	82	date; and
83	83	(3) record the decedent's biological sex as either
84	84	male or female as determined at the decedent's birth.
85	85	SECTION 5. Chapter 193, Health and Safety Code, is amended
86	86	by adding Section 193.013 to read as follows:
87	87	Sec. 193.013. PROHIBITED AMENDMENT OF BIOLOGICAL SEX
88	88	INFORMATION ON DEATH CERTIFICATE. (a) The department or a local
89	89	registrar with whom a decedent's death certificate is filed may not
90	90	issue, and a court may not order the issuance of, a death
91	91	certificate that lists the decedent's sex as the opposite of the
92	92	decedent's biological sex as determined by the sex organs,
93	93	chromosomes, or endogenous profile of the decedent at birth.
94	94	(b) The department or a local registrar with whom a
95	95	decedent's death certificate is filed may issue a death certificate
96	96	that corrects the decedent's biological sex if a death certificate
97	97	was previously issued for the decedent that listed the decedent's
98	98	sex as the opposite of the decedent's biological sex as determined
99	99	by the sex organs, chromosomes, or endogenous profile of the
100	100	decedent at birth.
101	101	SECTION 6. Section 521.101, Transportation Code, is amended
102	102	by adding Subsection (o) to read as follows:
103	103	(o) The application for the personal identification
104	104	certificate must provide space for the applicant to identify the
105	105	applicant's biological sex as either male or female as determined
106	106	at birth.
107	107	SECTION 7. Section 521.121(a), Transportation Code, is
108	108	amended to read as follows:
109	109	(a) The driver's license must include:
110	110	(1) a distinguishing number assigned by the department
111	111	to the license holder;
112	112	(2) a photograph of the entire face of the holder;
113	113	(3) the full name and date of birth of the holder;
114	114	(4) a brief description of the holder, including the
115	115	holder's biological sex as either male or female as determined at
116	116	birth; and
117	117	(5) the license holder's residence address or, for a
118	118	license holder using the procedure under Subsection (c), the street
119	119	address of the courthouse in which the license holder or license
120	120	holder's spouse or parent serves as a federal judge, including a
121	121	federal bankruptcy judge, a marshal of the United States Marshals
122	122	Service, a United States attorney, or a state judge.
123	123	SECTION 8. Section 521.142(c), Transportation Code, is
124	124	amended to read as follows:
125	125	(c) The application must state:
126	126	(1) the applicant's biological sex as either male or
127	127	female as determined at birth [of the applicant];
128	128	(2) the residence address of the applicant, or if the
129	129	applicant is a federal judge, including a federal bankruptcy judge,
130	130	a marshal of the United States Marshals Service, a United States
131	131	attorney, or a state judge, or a family member of a federal judge,
132	132	including a federal bankruptcy judge, a marshal of the United
133	133	States Marshals Service, a United States attorney, or a state judge
134	134	using the procedure developed under Section 521.121(c), the street
135	135	address of the courthouse or office building in which the applicant
136	136	or the applicant's spouse or parent serves as a federal judge,
137	137	including a federal bankruptcy judge, a marshal of the United
138	138	States Marshals Service, a United States attorney, or a state
139	139	judge;
140	140	(3) whether the applicant has been licensed to drive a
141	141	motor vehicle before;
142	142	(4) if previously licensed, when and by what state or
143	143	country;
144	144	(5) whether that license has been suspended or revoked
145	145	or a license application denied;
146	146	(6) the date and reason for the suspension,
147	147	revocation, or denial;
148	148	(7) whether the applicant is a citizen of the United
149	149	States; and
150	150	(8) the county of residence of the applicant.
151	151	SECTION 9. Section 522.021(a), Transportation Code, is
152	152	amended to read as follows:
153	153	(a) An application for a commercial driver's license or
154	154	commercial learner's permit must include:
155	155	(1) the full name and current residence and mailing
156	156	address of the applicant;
157	157	(2) a physical description of the applicant, including
158	158	the applicant's:
159	159	(A) biological sex as either male or female as
160	160	determined at birth;
161	161	(B) [,] height;[,] and
162	162	(C) eye color;
163	163	(3) the applicant's date of birth;
164	164	(4) the applicant's social security number, unless the
165	165	application is for a non-domiciled commercial driver's license and
166	166	the applicant is domiciled in a foreign jurisdiction;
167	167	(5) certifications, including those required by 49
168	168	C.F.R. Section 383.71(a); and
169	169	(6) any other information required by the department.
170	170	SECTION 10. Section 522.030(a), Transportation Code, is
171	171	amended to read as follows:
172	172	(a) A commercial driver's license or commercial learner's
173	173	permit must:
174	174	(1) be marked:
175	175	(A) "Commercial Driver License" or "CDL" for a
176	176	commercial driver's license; or
177	177	(B) "Commercial Learner's Permit" or "CLP" for a
178	178	commercial learner's permit;
179	179	(2) be, to the extent practicable, tamper-proof; and
180	180	(3) include:
181	181	(A) the name and domicile address of the person
182	182	to whom it is issued;
183	183	(B) the person's photograph;
184	184	(C) a physical description of the person,
185	185	including the person's:
186	186	(i) biological sex as either male or female
187	187	as determined at birth;
188	188	(ii) [,] height;[,] and
189	189	(iii) eye color;
190	190	(D) the person's date of birth;
191	191	(E) a number or identifier the department
192	192	considers appropriate;
193	193	(F) the person's signature;
194	194	(G) each class of commercial motor vehicle that
195	195	the person is authorized to drive, with any endorsements or
196	196	restrictions;
197	197	(H) the name of this state; and
198	198	(I) the dates between which the license is valid.
199	199	SECTION 11. As soon as practicable after the effective date
200	200	of this Act, the executive commissioner of the Health and Human
201	201	Services Commission shall adopt rules necessary to implement the
202	202	changes in law made by this Act.
203	203	SECTION 12. The changes in law made by this Act to Chapters
204	204	521 and 522, Transportation Code, apply only to a driver's license,
205	205	commercial driver's license, commercial learner's permit, or
206	206	personal identification certificate issued or renewed under
207	207	Chapter 521 or 522, Transportation Code, on or after the effective
208	208	date of this Act.
209	209	SECTION 13. This Act takes effect immediately if it
210	210	receives a vote of two-thirds of all the members elected to each
211	211	house, as provided by Section 39, Article III, Texas Constitution.
212	212	If this Act does not receive the vote necessary for immediate
213	213	effect, this Act takes effect September 1, 2025.