This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
2003S0613-1 03/12/03
By: Van de Putte S.B. No. 1417
A BILL TO BE ENTITLED
AN ACT
relating to change of name and vital statistics information based
on gender reassignment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 45.101, Family Code, is amended to read
as follows:
Sec. 45.101. WHO MAY FILE; VENUE. An adult, regardless of
nationality or place of origin or birth, may file a petition
requesting a change of name in the county of the adult's place of
residence.
SECTION 2. Subsection (a), Section 45.106, Family Code, is
amended to read as follows:
(a) A person whose name is changed under Section 6.706, [or]
45.105, or 45.107, may apply to the clerk of the court ordering the
name change for a change of name certificate.
SECTION 3. Subchapter B, Chapter 45, Family Code, is
amended by adding Section 45.107 to read as follows:
Sec. 45.107. CHANGE OF NAME AND VITAL STATISTICS
INFORMATION BASED ON GENDER REASSIGNMENT. (a) Notwithstanding
Section 45.103(a), the court shall order a name change under this
subchapter for a person other than a person with a final felony
conviction if the person's completed petition is accompanied by:
(1) a notarized affidavit executed by a licensed
mental health professional attesting that the person identifies as
a gender other than the gender indicated on the person's driver's
license, birth certificate, or other official document and is
seeking gender reassignment surgery; and
(2) a notarized affidavit executed by a licensed
physician attesting that the person has completed at least six
months of hormonal replacement therapy for the purpose of gender
adjustment.
(b) An order granted under this section shall include:
(1) if this state has issued the person a driver's
license or identification certificate, a provision ordering the
Department of Public Safety of the State of Texas, on receipt of a
certified copy of the order and an affidavit executed by a licensed
physician attesting that the person has completed gender
reassignment surgery, to change the person's driver's license or
identification certificate to reflect the person's corrected name
and gender; and
(2) if this state has issued the person a birth
certificate, a provision ordering the Texas Department of Health,
on receipt of a certified copy of the order and an affidavit
executed by a licensed physician attesting that the person has
completed gender reassignment surgery, to issue the person a new
birth certificate to reflect the person's corrected name and
gender.
(c) A person whose name is changed under this section may
apply for a change of name certificate from the clerk of the court
as provided by Section 45.106.
(d) A document issued by the state under an order granted
under this section, including a birth certificate or driver's
license, is valid in law and has the same force and effect for all
purposes as the original document.
(e) A court of this state shall give full faith and credit to
an order or other official document, including a birth certificate,
marriage certificate, or driver's license, issued by another state
that is consistent with this section.
SECTION 4. Section 192.011, Health and Safety Code, is
amended by redesignating Subsection (c) as new Subsection (e) and
adding Subsections (c) and (d) to read as follows:
(c) If an amending birth certificate filed under Section
191.028 is subject to a court order granted under Section 45.107,
Family Code, the state registrar, local registrar, or other person
who issues birth certificates shall issue an amended birth
certificate after receiving a certified copy of the order and an
affidavit executed by a licensed physician attesting that the
petitioner has completed gender reassignment surgery.
(d) After issuing an amended birth certificate under
Subsection (c), the state registrar shall prohibit access to the
original birth certificate and all correspondence, affidavits,
court orders, and other documents related to the application for
the amended certificate except for access required under a court
order or by the department for recordkeeping purposes. The state
registrar shall send a copy of the amended birth certificate to
local registrars who maintain on file the applicant's original
birth certificate. On receipt of the amended certificate, the
local registrar shall destroy the original certificate and file the
amended certificate.
(e) The department shall prescribe the form for
certificates issued under this section.
SECTION 5. Section 521.054, Transportation Code, is amended
by amending the section heading and Subsection (a) and adding
Subsection (g) to read as follows:
Sec. 521.054. NOTICE OF CHANGE OF ADDRESS, [OR] NAME, OR
GENDER. (a) This section applies to a person who:
(1) after applying for the license or certificate
moves from the address stated in the person's application for a
license or certificate;
(2) moves from the address shown on the license or
certificate held by the person; [or]
(3) changes the person's name by marriage, court
order, or otherwise; or
(4) changes the person's gender.
(g) A person changing the person's gender shall present to
the department:
(1) an affidavit executed by a licensed physician
attesting that the person has completed gender reassignment
surgery; and
(2) the number of the license or certificate held by
the person.
SECTION 6. Section 521.1425, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), the department may require each applicant for an original,
renewal, or duplicate driver's license to furnish to the department
the information required by Section 521.142.
(c) The department shall require an applicant for an
original, renewal, or duplicate driver's license whose name was
changed under a court order granted under Section 45.107, Family
Code, to furnish to the department an affidavit executed within the
previous 60 days by a licensed physician attesting that the
applicant is undergoing hormonal replacement therapy for the
purpose of gender adjustment. This subsection applies only to an
applicant who has not filed with the department a notice of change
of gender under Section 521.054(g).
SECTION 7. Section 521.146, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) An applicant for a corrected driver's license or
certificate who has undergone gender reassignment surgery and is
requesting a correction in the applicant's gender status must
submit to the department an affidavit executed by a licensed
physician attesting that the applicant has undergone gender
reassignment surgery.
SECTION 8. This Act takes effect September 1, 2003.