Texas Senate Bill SB1696

Texas 2025 - 89th Regular

• Filed: 2/27/25

Caption

Relating to the inclusion of a person's sex on certain government documents and identification cards.

Impact

If enacted, SB1696 would modify existing regulations for issuing birth and death certificates, establishing clear guidelines on how biological sex is recorded. The bill eliminates the possibility of altering biological sex information on death certificates, grounding its stance on the biological determinism established at birth. This could potentially impact individuals who identify with a gender different from that assigned at birth, especially in contexts such as documentation and legal identification, reinforcing a rigid perspective on gender identity as it pertains to state records.

Summary

Senate Bill 1696 (SB1696) proposes significant amendments to the Health and Safety Code of Texas regarding the inclusion of an individual's biological sex on government documents, particularly birth and death certificates, as well as identification cards. The bill mandates that birth certificates must contain a designated space for recording a child’s biological sex as either male or female, determined by sex organs, chromosomes, or endogenous profiles at birth. Furthermore, for cases involving atypical or ambiguous sex, it specifies that biological sex need not be listed until determined by a physician.

Contention

The bill has sparked notable discussion surrounding its implications for gender identity and individual rights. Supporters assert that the bill provides clarity and consistency in governmental documentation by adhering to biological standards. However, opponents contend that it disregards the complexities of gender identity and may marginalize individuals whose identities do not conform to traditional binary categories. The possible restriction on amendments to biological sex on these documents could lead to challenges for transgender and non-binary individuals in asserting their identity in official capacities. This dichotomy between biological determinism and gender self-identification reflects broader societal debates on the nature of gender.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 192. Birth Records
  • Section: New Section
  • Section: 011

• Chapter 193. Death Records
  • Section: New Section

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 101
  • Section: 121

• Chapter 522. Commercial Driver's Licenses
  • Section: 030