Texas 2025 - 89th Regular

Texas Senate Bill SB406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Middleton, et al. S.B. No. 406
2		-
3		-
	1	+	By: Middleton, Hall S.B. No. 406
	2	+	(In the Senate - Filed November 21, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 17, 2025, reported favorably by the following vote: Yeas 10,
	5	+	Nays 0; March 17, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the required inclusion of a person's sex on a birth
9	12		certificate and prohibited change of sex on the birth certificate
10	13		of certain persons.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Section 192.002, Health and Safety Code, is
13	16		amended by adding Subsection (c-1) to read as follows:
14	17		(c-1) The form must include a space for recording the
15	18		biological sex of a person as either male or female.
16	19		SECTION 2. Section 192.003, Health and Safety Code, is
17	20		amended by adding Subsections (f) and (g) to read as follows:
18	21		(f) Subject to Subsection (g), a person required to file a
19	22		birth certificate under this section shall ensure the biological
20	23		sex of a child, as determined by the sex organs, chromosomes, or
21	24		endogenous profile of the child, is listed in the appropriate space
22	25		on the child's birth certificate. A person required to report a
23	26		birth under this section shall report the child's biological sex to
24	27		the local registrar, and the local registrar shall list the
25	28		biological sex in the appropriate space on the birth certificate.
26	29		(g) A person is not required to list on the birth
27	30		certificate or report to the local registrar the biological sex of a
28	31		child whose biological sex is not determined at birth because the
29	32		child, as determined by a physician, has atypical or ambiguous sex
30	33		organs, chromosomes, or endogenous profile for either male or
31	34		female. The birth certificate may be amended under Section 192.011
32	35		at any time after the child's sex is determined to complete the
33	36		information on the certificate by including the child's determined
34	37		sex.
35	38		SECTION 3. Section 192.011, Health and Safety Code, is
36	39		amended by amending Subsection (b) and adding Subsection (d) to
37	40		read as follows:
38	41		(b) Except as provided by Subsection (d), on [On] the
39	42		request of the person or the person's legal representative, the
40	43		state registrar, local registrar, or other person who issues birth
41	44		certificates shall issue a birth certificate that incorporates the
42	45		completed or corrected information instead of issuing a copy of the
43	46		original or supplementary certificate with an amending certificate
44	47		attached.
45	48		(d) The state registrar, local registrar, or other person
46	49		who issues a birth certificate under this section may not issue, and
47	50		a court may not order the issuance of, a birth certificate that
48	51		incorporates the completed or corrected biological sex information
49	52		for a person unless:
50	53		(1) the certificate corrects a clerical error on the
51	54		original birth certificate;
52	55		(2) the original birth certificate does not list the
53	56		person's biological sex as required by Section 192.003(f) and the
54	57		certificate completes the information by listing the person's
55	58		biological sex; or
56	59		(3) for a person who at birth had atypical or ambiguous
57	60		sex organs, chromosomes, or endogenous profile for either male or
58	61		female and whose sex is later determined, the certificate:
59	62		(A) corrects the biological sex information
60	63		listed as either male or female on an original birth certificate by
61	64		listing the person's determined sex as the other biological sex; or
62	65		(B) completes the biological sex information not
63	66		previously listed on an original birth certificate by listing the
64	67		person's determined sex.
65	68		SECTION 4. As soon as practicable after the effective date
66	69		of this Act, the executive commissioner of the Health and Human
67	70		Services Commission shall adopt rules necessary to implement the
68	71		changes in law made by this Act.
69	72		SECTION 5. This Act takes effect September 1, 2025.
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