| |
| |
|
|
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 minors. |
|
|
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 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, an amending certificate or a |
|
|
birth certificate that incorporates the completed or corrected |
|
|
biological sex information for a minor unless: |
|
|
(1) the certificate corrects a clerical error on the |
|
|
original birth certificate; |
|
|
(2) the original birth certificate does not list the |
|
|
minor's biological sex as required by Section 192.003(f) and the |
|
|
certificate completes the information by listing the minor's |
|
|
biological sex; or |
|
|
(3) for a minor 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 minor'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. |
|
|
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 on the 91st day after the |
|
|
last day of the legislative session. |