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A BILL TO BE ENTITLED
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AN ACT
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relating to a change of name and sex for certain persons and the |
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issuance of associated vital records and documentation; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 192, Health and Safety |
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Code, is amended by adding Section 192.0115 to read as follows: |
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Sec. 192.0115. CHANGING NAME AND SEX; ISSUANCE OF VITAL |
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RECORDS AND DOCUMENTATION. (a) A person born in this state may |
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apply for the issuance of a new birth certificate with a change to |
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the person's name and sex incorporated into the certificate by |
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providing to the state registrar: |
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(1) a sworn affidavit by a physician licensed to |
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practice medicine in this state that includes: |
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(A) the physician's letterhead; |
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(B) the physician's full name; |
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(C) the physician's medical license number; |
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(D) the jurisdiction that issued the physician's |
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medical license; |
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(E) a statement that a physician-patient |
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relationship exists with the applicant; and |
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(F) a statement that the applicant has undergone |
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a clinically appropriate treatment for the purpose of transitioning |
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to another sex; |
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(2) a completed application form prescribed by the |
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department under Subsection (i); and |
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(3) the fee described by Subsection (m). |
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(b) The state registrar may not require the person applying |
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for a new birth certificate under this section to include a court |
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order authorizing the name change. |
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(c) A person is ineligible to apply for a new birth |
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certificate under this section if the person has been finally |
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convicted of a felony offense or has been subject to the |
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registration requirements of Chapter 62, Code of Criminal |
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Procedure. In this subsection, a person is considered finally |
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convicted of a felony offense if for a felony offense: |
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(1) a sentence is imposed on the person; |
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(2) the person receives community supervision, |
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including deferred adjudication; or |
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(3) the court defers final disposition of the person's |
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case. |
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(d) A person who is ineligible under Subsection (c) to apply |
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for a new birth certificate under this section may petition for a |
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change of name in accordance with Chapter 45, Family Code. |
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(e) In processing an application under this section, the |
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state registrar shall determine whether the applicant is ineligible |
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under Subsection (c) to apply for a new birth certificate under this |
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section. |
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(f) The state registrar shall issue a new birth certificate |
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that incorporates the change of name and sex and attach to the birth |
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certificate a change of name and sex certificate if the application |
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filed under this section complies with this section and rules |
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adopted under this section. The new birth certificate may not |
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include from an applicant's prior birth certificate a name and sex |
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that are inaccurate for the new birth certificate. |
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(g) A change of name and sex certificate issued under this |
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section must include: |
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(1) the name and sex of the person before the |
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certificate is issued; |
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(2) the name and sex of the person after the |
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certificate is issued; |
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(3) the date the certificate is issued; |
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(4) the person's social security number and any |
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driver's license number; and |
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(5) the signature of the state registrar. |
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(h) A change of name and sex certificate issued under this |
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section constitutes proof of the change of name and sex of the |
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person named in the certificate. |
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(i) The department shall prescribe a form for applying for a |
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new birth certificate under this section. The form must: |
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(1) plainly state the eligibility requirements to |
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apply for a new birth certificate under this section; |
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(2) include a statement signed by the applicant, or |
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the applicant's parent, legal guardian, or managing conservator if |
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the applicant is a minor, that to the best of the person's |
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knowledge, the applicant is eligible to apply for a new birth |
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certificate under this section; and |
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(3) require the written, signed consent of the |
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applicant's parent, legal guardian, or managing conservator if the |
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applicant is a minor. |
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(j) The state registrar shall arrange, bind, and |
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permanently preserve change of name and sex certificates issued |
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under this section and the application and supporting information |
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submitted with the application filed under this section in a |
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systematic manner. |
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(k) A copy of a change of name and sex certificate issued |
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under this section and certified by the state registrar is prima |
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facie evidence of the facts stated in the record. |
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(l) Subject to department rules controlling the |
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accessibility of vital records, the state registrar shall supply to |
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a properly qualified applicant, on request, a certified copy of a |
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change of name and sex certificate issued under this section. |
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(m) The executive commissioner shall adopt rules to |
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implement this section and set a fee for an application filed under |
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this section in an amount reasonable and necessary for the |
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department to administer this section. |
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SECTION 2. The heading to Section 191.028, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE. |
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SECTION 3. Section 191.028(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A record of a birth, death, or fetal death accepted by a |
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local registrar for registration may not be changed except as |
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provided by Subsection (b) or Section 192.0115. |
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SECTION 4. The heading to Section 192.011, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR |
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CORRECTION. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 192.0115, Health and Safety Code, as added by this Act. |
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SECTION 6. This Act takes effect December 1, 2017. |