By: Middleton, et al. S.B. No. 406
A BILL TO BE ENTITLED
AN ACT
relating to the required inclusion of a person's sex on a birth
certificate and prohibited change of sex on the birth certificate
of certain persons.
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 person 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 Subsection (d) 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 the completed or corrected biological sex information
for a person 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
person's determined sex.
SECTION 4. 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 5. This Act takes effect September 1, 2025.