88R5738 MCF-D

By: Rosenthal H.B. No. 1102

A BILL TO BE ENTITLED

AN ACT

relating to a change of name and sex for certain persons and the issuance of associated vital records and documentation; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 192, Health and Safety Code, is amended by adding Section 192.0115 to read as follows:

Sec. 192.0115. CHANGE OF NAME AND SEX; ISSUANCE OF VITAL RECORDS AND DOCUMENTATION. (a) A person born in this state may apply for issuance of a new birth certificate with a change to the person's name and sex incorporated into the certificate by providing to the state registrar:

(1) a sworn affidavit of a physician licensed to practice medicine in this state that:

(A) is written on the physician's letterhead;

(B) includes the physician's full name;

(C) includes the physician's medical license number;

(D) includes the jurisdiction that issued the physician's medical license;

(E) states a physician-patient relationship exists between the physician and the applicant; and

(F) states the applicant has undergone a clinically appropriate treatment for the purpose of transitioning to another sex;

(2) a completed application on the form prescribed by the department under Subsection (i); and

(3) the fee described by Subsection (m).

(b) The state registrar may not require the person applying for a new birth certificate under this section to include a court order authorizing the name change.

(c) A person is ineligible to apply for a new birth certificate under this section if the person has been finally convicted of a felony offense under or has been subject to the registration requirements of Chapter 62, Code of Criminal Procedure. In this subsection, a person is considered finally convicted of a felony offense if for a felony offense:

(1) a sentence is imposed on the person;

(2) the person receives community supervision, including deferred adjudication; or

(3) the court defers final disposition of the person's case.

(d) A person who is ineligible under Subsection (c) to apply for a new birth certificate under this section may petition for a change of name in accordance with Chapter 45, Family Code.

(e) In processing an application under this section, the state registrar shall determine whether the applicant is ineligible under Subsection (c) to apply for a new birth certificate under this section.

(f) The state registrar shall issue a new birth certificate that incorporates the change of name and sex and attach to the birth certificate a change of name and sex certificate if the application filed under this section complies with this section and rules adopted under this section. The new birth certificate may not include the applicant's name and sex from a prior birth certificate that are inaccurate for the new birth certificate.

(g) A change of name and sex certificate issued under this section must include:

(1) the name and sex of the person before the certificate is issued;

(2) the name and sex of the person after the certificate is issued;

(3) the date the certificate is issued;

(4) the person's social security number and any driver's license number; and

(5) the signature of the state registrar.

(h) A change of name and sex certificate issued under this section constitutes proof of the change of name and sex of the person named in the certificate.

(i) The department shall prescribe a form for applying for a new birth certificate under this section. The form must:

(1) plainly state the eligibility requirements to apply for a new birth certificate under this section;

(2) include a statement, to be signed by the applicant, or the applicant's parent, legal guardian, or managing conservator if the applicant is a minor, that to the best of the person's knowledge, the applicant is eligible to apply for a new birth certificate under this section; and

(3) require the written, signed consent of the applicant's parent, legal guardian, or managing conservator if the applicant is a minor.

(j) The state registrar shall arrange, bind, and permanently preserve in a systematic manner change of name and sex certificates issued under this section and the application and supporting information submitted with the application filed under this section.

(k) A certified copy of a change of name and sex certificate issued under this section is prima facie evidence of the facts stated in the record.

(l) Subject to department rules controlling the accessibility of vital records, the state registrar shall supply to a properly qualified applicant, on request, a certified copy of a change of name and sex certificate issued under this section.

(m) The executive commissioner shall adopt rules to implement this section and set a fee for an application filed under this section in an amount reasonable and necessary for the department to administer this section.

SECTION 2. The heading to Section 191.028, Health and Safety Code, is amended to read as follows:

Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.

SECTION 3. Section 191.028(a), Health and Safety Code, is amended to read as follows:

(a) A record of a birth, death, or fetal death accepted by a local registrar for registration may not be changed except as provided by Subsection (b) or Section 192.0115.

SECTION 4. The heading to Section 192.011, Health and Safety Code, is amended to read as follows:

Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR CORRECTION.

SECTION 5. 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 Section 192.0115, Health and Safety Code, as added by this Act.

SECTION 6. This Act takes effect September 1, 2023.