89R6256 EAS-D
By: Campbell S.B. No. 1953
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of a person's biological sex on certain
government documents and identification cards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.002, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The form must include a space for recording the
biological sex of a child as either male or female.
SECTION 2. Section 192.003, Health and Safety Code, is
amended by adding Subsections (f) and (g) to read as follows:
(f) Subject to Subsection (g), a person required to file a
birth certificate under this section shall ensure the biological
sex of a child, as determined by the sex organs, chromosomes, or
endogenous profile of the child, is listed in the appropriate space
on the child's birth certificate. A person required to report a
birth under this section shall report the child's biological sex to
the local registrar, and the local registrar shall list the
biological sex in the appropriate space on the birth certificate.
(g) A person is not required to list on the birth
certificate or report to the local registrar the biological sex of a
child whose biological sex is not determined at birth because the
child, as determined by a physician, has atypical or ambiguous sex
organs, chromosomes, or endogenous profile for either male or
female. The birth certificate may be amended under Section 192.011
at any time after the child's sex is determined to complete the
information on the certificate by including the child's determined
sex.
SECTION 3. Section 192.011, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (d) and
(e) to read as follows:
(b) Except as provided by Subsection (d), on [On] the
request of the person or the person's legal representative, the
state registrar, local registrar, or other person who issues birth
certificates shall issue a birth certificate that incorporates the
completed or corrected information instead of issuing a copy of the
original or supplementary certificate with an amending certificate
attached.
(d) The state registrar, local registrar, or other person
who issues a birth certificate under this section may not issue, and
a court may not order the issuance of, a birth certificate that
incorporates a person's completed or corrected biological sex
information unless:
(1) the certificate corrects a clerical error on the
original birth certificate;
(2) the original birth certificate does not list the
person's biological sex as required by Section 192.003(f) and the
certificate completes the information by listing the person's
biological sex; or
(3) for a person who at birth had atypical or ambiguous
sex organs, chromosomes, or endogenous profile for either male or
female and whose sex is later determined, the certificate:
(A) corrects the biological sex information
listed as either male or female on an original birth certificate by
listing the person's determined sex as the other biological sex; or
(B) completes the biological sex information not
previously listed on an original birth certificate by listing the
determined sex.
(e) A birth certificate that is issued to complete or
correct biological sex information in accordance with Subsection
(d) must be clearly labeled as amended.
SECTION 4. Sections 193.001(a) and (a-1), Health and Safety
Code, are amended to read as follows:
(a) The department shall prescribe the form and contents of
death certificates and fetal death certificates. The form must
include a space for recording the biological sex of a decedent as
either male or female.
(a-1) In prescribing each form under Subsection (a), the
department shall ensure that the form instructs the person required
to file the death certificate or fetal death certificate to:
(1) enter the date in the standard order of "month,
day, year"; [and]
(2) spell out the name of the month when entering the
date; and
(3) record the decedent's biological sex as either
male or female as determined at the decedent's birth.
SECTION 5. Chapter 193, Health and Safety Code, is amended
by adding Section 193.013 to read as follows:
Sec. 193.013. PROHIBITED AMENDMENT OF BIOLOGICAL SEX
INFORMATION ON DEATH CERTIFICATE. The department or a local
registrar with whom a decedent's death certificate is filed may not
issue, and a court may not order the issuance of, a death
certificate that lists the decedent's sex as the opposite of the
decedent's biological sex as determined by the sex organs,
chromosomes, or endogenous profile of the decedent at birth.
SECTION 6. Section 521.101, Transportation Code, is amended
by adding Subsection (o) to read as follows:
(o) The application for the personal identification
certificate must provide space for the applicant to identify the
applicant's biological sex as either male or female as determined
at birth.
SECTION 7. Section 521.121(a), Transportation Code, is
amended to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a photograph of the entire face of the holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder, including the
holder's biological sex as either male or female as determined at
birth; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c), the street
address of the courthouse in which the license holder or license
holder's spouse or parent serves as a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge.
SECTION 8. Section 521.142(c), Transportation Code, is
amended to read as follows:
(c) The application must state:
(1) the applicant's biological sex as either male or
female as determined at birth [of the applicant];
(2) the residence address of the applicant, or if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge, or a family member of a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state judge
using the procedure developed under Section 521.121(c), the street
address of the courthouse or office building in which the applicant
or the applicant's spouse or parent serves as a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state
judge;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country;
(5) whether that license has been suspended or revoked
or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
SECTION 9. Section 522.021(a), Transportation Code, is
amended to read as follows:
(a) An application for a commercial driver's license or
commercial learner's permit must include:
(1) the full name and current residence and mailing
address of the applicant;
(2) a physical description of the applicant, including
the applicant's:
(A) biological sex as either male or female as
determined at birth;
(B) [,] height;[,] and
(C) eye color;
(3) the applicant's date of birth;
(4) the applicant's social security number, unless the
application is for a non-domiciled commercial driver's license and
the applicant is domiciled in a foreign jurisdiction;
(5) certifications, including those required by 49
C.F.R. Section 383.71(a); and
(6) any other information required by the department.
SECTION 10. Section 522.030(a), Transportation Code, is
amended to read as follows:
(a) A commercial driver's license or commercial learner's
permit must:
(1) be marked:
(A) "Commercial Driver License" or "CDL" for a
commercial driver's license; or
(B) "Commercial Learner's Permit" or "CLP" for a
commercial learner's permit;
(2) be, to the extent practicable, tamper-proof; and
(3) include:
(A) the name and domicile address of the person
to whom it is issued;
(B) the person's photograph;
(C) a physical description of the person,
including the person's:
(i) biological sex as either male or female
as determined at birth;
(ii) [,] height;[,] and
(iii) eye color;
(D) the person's date of birth;
(E) a number or identifier the department
considers appropriate;
(F) the person's signature;
(G) each class of commercial motor vehicle that
the person is authorized to drive, with any endorsements or
restrictions;
(H) the name of this state; and
(I) the dates between which the license is valid.
SECTION 11. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 12. The changes in law made by this Act to Chapters
521 and 522, Transportation Code, apply only to a driver's license,
commercial driver's license, commercial learner's permit, or
personal identification certificate issued or renewed under
Chapter 521 or 522, Transportation Code, on or after the effective
date of this Act.
SECTION 13. This Act takes effect September 1, 2025.