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A BILL TO BE ENTITLED
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AN ACT
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relating to the required inclusion of a person's sex on a birth |
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certificate and prohibited change of sex on the birth certificate |
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of certain minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.002, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) The form must include a space for recording the |
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biological sex of a child as either male or female. |
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SECTION 2. Section 192.003, Health and Safety Code, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) Subject to Subsection (g), a person required to file a |
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birth certificate under this section shall ensure the biological |
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sex of a child, as determined by the sex organs, chromosomes, or |
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endogenous profile of the child, is listed in the appropriate space |
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on the child's birth certificate. A person required to report a |
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birth under this section shall report the child's biological sex to |
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the local registrar, and the local registrar shall list the |
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biological sex in the appropriate space on the birth certificate. |
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(g) A person is not required to list on the birth |
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certificate or report to the local registrar the biological sex of a |
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child whose biological sex is not determined at birth because the |
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child, as determined by a physician, has atypical or ambiguous sex |
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organs, chromosomes, or endogenous profile for either male or |
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female. The birth certificate may be amended under Section 192.011 |
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at any time after the child's sex is determined to complete the |
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information on the certificate by including the child's determined |
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sex. |
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SECTION 3. Section 192.011, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) Except as provided by Subsection (d), on [On] the |
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request of the person or the person's legal representative, the |
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state registrar, local registrar, or other person who issues birth |
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certificates shall issue a birth certificate that incorporates the |
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completed or corrected information instead of issuing a copy of the |
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original or supplementary certificate with an amending certificate |
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attached. |
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(d) The state registrar, local registrar, or other person |
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who issues a birth certificate under this section may not issue, and |
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a court may not order the issuance of, an amending certificate or a |
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birth certificate that incorporates the completed or corrected |
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biological sex information for a minor unless: |
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(1) the certificate corrects a clerical error on the |
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original birth certificate; |
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(2) the original birth certificate does not list the |
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minor's biological sex as required by Section 192.003(f) and the |
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certificate completes the information by listing the minor's |
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biological sex; or |
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(3) for a minor who at birth had atypical or ambiguous |
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sex organs, chromosomes, or endogenous profile for either male or |
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female and whose sex is later determined, the certificate: |
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(A) corrects the biological sex information |
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listed as either male or female on an original birth certificate by |
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listing the minor's determined sex as the other biological sex; or |
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(B) completes the biological sex information not |
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previously listed on an original birth certificate by listing the |
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determined sex. |
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SECTION 4. 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 the |
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changes in law made by this Act. |
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SECTION 5. This Act takes effect February 1, 2022. |