BILL ANALYSIS



C.S.H.B. 358
By: Danburg
May 8, 1995
Committee Report (Substituted)


BACKGROUND

     In some instances, birth records, driver's licenses and or
official documents are erroneously marked with the incorrect gender
identification.  Law enforcement uses driver's licenses to locate
citizens, eg death of family member, and to apprehend citizens, eg
law violation.  When the gender marker is incorrect, law
enforcement is uncertain as to the description of the person they
are looking for.

PURPOSE

     As proposed, C.S.H.B. 358 will add a section in Chapter 45 of
the Family Code to fill in the procedural blanks on identification
for the benefit of both the individual and law enforcement.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 45B, Family Code, as added by H.B. 655,
Acts of the 74th Legislature, Regular Session, 1995, by adding
Section 45.105 as follows:

     Sec. 45.105.  CHANGE OF NAME AND VITAL STATISTICS INFORMATION.
(a)  Requires the court to order a change of name if petition is
accompanied by a sworn   affidavit of a physician that petitioner
is a gender other than the gender indicated on his     or her
driver's license, birth certificate, or other official documents. 

     (b)  Requires a court ordering a name change under this
section to order the Department    of Public Safety to change the
gender on the petitioner's driver's license and the    Department
of Health to amend the birth certificate as provided by Section
192.011 of the      Health and Safety Code.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     C.S.H.B. 358 has been renumbered to reflect the recodification
of Title 2 of the Family Code as enacted by H.B. 655.  Also, the
original bill required that a name change petition to the court be
accompanied by a verified statement from a licensed physician and
that the verified statement be sent to the Department of Health to
amend the petitioner's birth certificate.  The substitute bill
changes the language "verified statement" in the original version
to "sworn affidavit".  

SUMMARY OF COMMITTEE ACTION

H.B. 358 was considered in a public hearing on April 26, 1995.

The following persons testified in favor of the bill:

     Phyllis Randolph Frye, representing Transgender Law
Conference;
     Sarah DePalma, representing It's Time Texas;
     Tere Frederickson, representing Gender Education & Information
Service.

The following persons testified neutrally on the bill:

     Richard Bays, representing Texas Department of Health, Bureau
of Vital Statistics;
     Juathenia Kinney, representing Texas Department of Public
Safety.

The bill was left pending in committee.

In a formal meeting on May 4, 1995, the committee considered a
complete substitute which was adopted without objection.  H.B. 358
was reported favorably as substituted with the recommendation that
it do pass and be printed by a record vote of 6 ayes, 3 nays, 0
pnv, 0 absent.