Texas 2025 - 89th Regular

Texas Senate Bill SB1953 Compare Versions

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Old	New	Differences
1	1	89R6256 EAS-D
2	2	By: Campbell S.B. No. 1953
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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 biological sex on certain
10	10	government 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 Subsections (d) and
37	37	(e) to 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; or
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.
65	65	(e) A birth certificate that is issued to complete or
66	66	correct biological sex information in accordance with Subsection
67	67	(d) must be clearly labeled as amended.
68	68	SECTION 4. Sections 193.001(a) and (a-1), Health and Safety
69	69	Code, are amended to read as follows:
70	70	(a) The department shall prescribe the form and contents of
71	71	death certificates and fetal death certificates. The form must
72	72	include a space for recording the biological sex of a decedent as
73	73	either male or female.
74	74	(a-1) In prescribing each form under Subsection (a), the
75	75	department shall ensure that the form instructs the person required
76	76	to file the death certificate or fetal death certificate to:
77	77	(1) enter the date in the standard order of "month,
78	78	day, year"; [and]
79	79	(2) spell out the name of the month when entering the
80	80	date; and
81	81	(3) record the decedent's biological sex as either
82	82	male or female as determined at the decedent's birth.
83	83	SECTION 5. Chapter 193, Health and Safety Code, is amended
84	84	by adding Section 193.013 to read as follows:
85	85	Sec. 193.013. PROHIBITED AMENDMENT OF BIOLOGICAL SEX
86	86	INFORMATION ON DEATH CERTIFICATE. The department or a local
87	87	registrar with whom a decedent's death certificate is filed may not
88	88	issue, and a court may not order the issuance of, a death
89	89	certificate that lists the decedent's sex as the opposite of the
90	90	decedent's biological sex as determined by the sex organs,
91	91	chromosomes, or endogenous profile of the decedent at birth.
92	92	SECTION 6. Section 521.101, Transportation Code, is amended
93	93	by adding Subsection (o) to read as follows:
94	94	(o) The application for the personal identification
95	95	certificate must provide space for the applicant to identify the
96	96	applicant's biological sex as either male or female as determined
97	97	at birth.
98	98	SECTION 7. Section 521.121(a), Transportation Code, is
99	99	amended to read as follows:
100	100	(a) The driver's license must include:
101	101	(1) a distinguishing number assigned by the department
102	102	to the license holder;
103	103	(2) a photograph of the entire face of the holder;
104	104	(3) the full name and date of birth of the holder;
105	105	(4) a brief description of the holder, including the
106	106	holder's biological sex as either male or female as determined at
107	107	birth; and
108	108	(5) the license holder's residence address or, for a
109	109	license holder using the procedure under Subsection (c), the street
110	110	address of the courthouse in which the license holder or license
111	111	holder's spouse or parent serves as a federal judge, including a
112	112	federal bankruptcy judge, a marshal of the United States Marshals
113	113	Service, a United States attorney, or a state judge.
114	114	SECTION 8. Section 521.142(c), Transportation Code, is
115	115	amended to read as follows:
116	116	(c) The application must state:
117	117	(1) the applicant's biological sex as either male or
118	118	female as determined at birth [of the applicant];
119	119	(2) the residence address of the applicant, or if the
120	120	applicant is a federal judge, including a federal bankruptcy judge,
121	121	a marshal of the United States Marshals Service, a United States
122	122	attorney, or a state judge, or a family member of a federal judge,
123	123	including a federal bankruptcy judge, a marshal of the United
124	124	States Marshals Service, a United States attorney, or a state judge
125	125	using the procedure developed under Section 521.121(c), the street
126	126	address of the courthouse or office building in which the applicant
127	127	or the applicant's spouse or parent serves as a federal judge,
128	128	including a federal bankruptcy judge, a marshal of the United
129	129	States Marshals Service, a United States attorney, or a state
130	130	judge;
131	131	(3) whether the applicant has been licensed to drive a
132	132	motor vehicle before;
133	133	(4) if previously licensed, when and by what state or
134	134	country;
135	135	(5) whether that license has been suspended or revoked
136	136	or a license application denied;
137	137	(6) the date and reason for the suspension,
138	138	revocation, or denial;
139	139	(7) whether the applicant is a citizen of the United
140	140	States; and
141	141	(8) the county of residence of the applicant.
142	142	SECTION 9. Section 522.021(a), Transportation Code, is
143	143	amended to read as follows:
144	144	(a) An application for a commercial driver's license or
145	145	commercial learner's permit must include:
146	146	(1) the full name and current residence and mailing
147	147	address of the applicant;
148	148	(2) a physical description of the applicant, including
149	149	the applicant's:
150	150	(A) biological sex as either male or female as
151	151	determined at birth;
152	152	(B) [,] height;[,] and
153	153	(C) eye color;
154	154	(3) the applicant's date of birth;
155	155	(4) the applicant's social security number, unless the
156	156	application is for a non-domiciled commercial driver's license and
157	157	the applicant is domiciled in a foreign jurisdiction;
158	158	(5) certifications, including those required by 49
159	159	C.F.R. Section 383.71(a); and
160	160	(6) any other information required by the department.
161	161	SECTION 10. Section 522.030(a), Transportation Code, is
162	162	amended to read as follows:
163	163	(a) A commercial driver's license or commercial learner's
164	164	permit must:
165	165	(1) be marked:
166	166	(A) "Commercial Driver License" or "CDL" for a
167	167	commercial driver's license; or
168	168	(B) "Commercial Learner's Permit" or "CLP" for a
169	169	commercial learner's permit;
170	170	(2) be, to the extent practicable, tamper-proof; and
171	171	(3) include:
172	172	(A) the name and domicile address of the person
173	173	to whom it is issued;
174	174	(B) the person's photograph;
175	175	(C) a physical description of the person,
176	176	including the person's:
177	177	(i) biological sex as either male or female
178	178	as determined at birth;
179	179	(ii) [,] height;[,] and
180	180	(iii) eye color;
181	181	(D) the person's date of birth;
182	182	(E) a number or identifier the department
183	183	considers appropriate;
184	184	(F) the person's signature;
185	185	(G) each class of commercial motor vehicle that
186	186	the person is authorized to drive, with any endorsements or
187	187	restrictions;
188	188	(H) the name of this state; and
189	189	(I) the dates between which the license is valid.
190	190	SECTION 11. As soon as practicable after the effective date
191	191	of this Act, the executive commissioner of the Health and Human
192	192	Services Commission shall adopt rules necessary to implement the
193	193	changes in law made by this Act.
194	194	SECTION 12. The changes in law made by this Act to Chapters
195	195	521 and 522, Transportation Code, apply only to a driver's license,
196	196	commercial driver's license, commercial learner's permit, or
197	197	personal identification certificate issued or renewed under
198	198	Chapter 521 or 522, Transportation Code, on or after the effective
199	199	date of this Act.
200	200	SECTION 13. This Act takes effect September 1, 2025.