89R5584 EAS-D

By: Hall, et al. S.B. No. 1696

A BILL TO BE ENTITLED

AN ACT

relating to the inclusion of a person's sex on certain government documents and identification cards.

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

SECTION 1. Section 192.002, Health and Safety Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) The form must include a space for recording the biological sex of a child as either male or female.

SECTION 2. Section 192.003, Health and Safety Code, is amended by adding Subsections (f) and (g) to read as follows:

(f) Subject to Subsection (g), a person required to file a birth certificate under this section shall ensure the biological sex of a child, as determined by the sex organs, chromosomes, or endogenous profile of the child, is listed in the appropriate space on the child's birth certificate. A person required to report a birth under this section shall report the child's biological sex to the local registrar, and the local registrar shall list the biological sex in the appropriate space on the birth certificate.

(g) A person is not required to list on the birth certificate or report to the local registrar the biological sex of a child whose biological sex is not determined at birth because the child, as determined by a physician, has atypical or ambiguous sex organs, chromosomes, or endogenous profile for either male or female. The birth certificate may be amended under Section 192.011 at any time after the child's sex is determined to complete the information on the certificate by including the child's determined sex.

SECTION 3. Section 192.011, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) Except as provided by Subsection (d), on [On] the request of the person or the person's legal representative, the state registrar, local registrar, or other person who issues birth certificates shall issue a birth certificate that incorporates the completed or corrected information instead of issuing a copy of the original or supplementary certificate with an amending certificate attached.

(d) The state registrar, local registrar, or other person who issues a birth certificate under this section may not issue, and a court may not order the issuance of, a birth certificate that incorporates a person's completed or corrected biological sex information unless:

(1) the certificate corrects a clerical error on the original birth certificate;

(2) the original birth certificate does not list the person's biological sex as required by Section 192.003(f) and the certificate completes the information by listing the person's biological sex;

(3) for a person who at birth had atypical or ambiguous sex organs, chromosomes, or endogenous profile for either male or female and whose sex is later determined, the certificate:

(A) corrects the biological sex information listed as either male or female on an original birth certificate by listing the person's determined sex as the other biological sex; or

(B) completes the biological sex information not previously listed on an original birth certificate by listing the determined sex; or

(4) the person was previously issued a birth certificate that listed the person's sex as the opposite of the person's biological sex as determined by the sex organs, chromosomes, or endogenous profile of the person at birth and the certificate corrects the biological sex information.

SECTION 4. Sections 193.001(a) and (a-1), Health and Safety Code, are amended to read as follows:

(a) The department shall prescribe the form and contents of death certificates and fetal death certificates. The form must include a space for recording the biological sex of a decedent as either male or female.

(a-1) In prescribing each form under Subsection (a), the department shall ensure that the form instructs the person required to file the death certificate or fetal death certificate to:

(1) enter the date in the standard order of "month, day, year"; [and]

(2) spell out the name of the month when entering the date; and

(3) record the decedent's biological sex as either male or female as determined at the decedent's birth.

SECTION 5. Chapter 193, Health and Safety Code, is amended by adding Section 193.013 to read as follows:

Sec. 193.013. PROHIBITED AMENDMENT OF BIOLOGICAL SEX INFORMATION ON DEATH CERTIFICATE. (a) The department or a local registrar with whom a decedent's death certificate is filed may not issue, and a court may not order the issuance of, a death certificate that lists the decedent's sex as the opposite of the decedent's biological sex as determined by the sex organs, chromosomes, or endogenous profile of the decedent at birth.

(b) The department or a local registrar with whom a decedent's death certificate is filed may issue a death certificate that corrects the decedent's biological sex if a death certificate was previously issued for the decedent that listed the decedent's sex as the opposite of the decedent's biological sex as determined by the sex organs, chromosomes, or endogenous profile of the decedent at birth.

SECTION 6. Section 521.101, Transportation Code, is amended by adding Subsection (o) to read as follows:

(o) The application for the personal identification certificate must provide space for the applicant to identify the applicant's biological sex as either male or female as determined at birth.

SECTION 7. Section 521.121(a), Transportation Code, is amended to read as follows:

(a) The driver's license must include:

(1) a distinguishing number assigned by the department to the license holder;

(2) a photograph of the entire face of the holder;

(3) the full name and date of birth of the holder;

(4) a brief description of the holder, including the holder's biological sex as either male or female as determined at birth; and

(5) the license holder's residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder's spouse or parent serves as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge.

SECTION 8. Section 521.142(c), Transportation Code, is amended to read as follows:

(c) The application must state:

(1) the applicant's biological sex as either male or female as determined at birth [of the applicant];

(2) the residence address of the applicant, or if the applicant is a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge, or a family member of a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge using the procedure developed under Section 521.121(c), the street address of the courthouse or office building in which the applicant or the applicant's spouse or parent serves as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge;

(3) whether the applicant has been licensed to drive a motor vehicle before;

(4) if previously licensed, when and by what state or country;

(5) whether that license has been suspended or revoked or a license application denied;

(6) the date and reason for the suspension, revocation, or denial;

(7) whether the applicant is a citizen of the United States; and

(8) the county of residence of the applicant.

SECTION 9. Section 522.021(a), Transportation Code, is amended to read as follows:

(a) An application for a commercial driver's license or commercial learner's permit must include:

(1) the full name and current residence and mailing address of the applicant;

(2) a physical description of the applicant, including the applicant's:

(A) biological sex as either male or female as determined at birth;

(B) [,] height;[,] and

(C) eye color;

(3) the applicant's date of birth;

(4) the applicant's social security number, unless the application is for a non-domiciled commercial driver's license and the applicant is domiciled in a foreign jurisdiction;

(5) certifications, including those required by 49 C.F.R. Section 383.71(a); and

(6) any other information required by the department.

SECTION 10. Section 522.030(a), Transportation Code, is amended to read as follows:

(a) A commercial driver's license or commercial learner's permit must:

(1) be marked:

(A) "Commercial Driver License" or "CDL" for a commercial driver's license; or

(B) "Commercial Learner's Permit" or "CLP" for a commercial learner's permit;

(2) be, to the extent practicable, tamper-proof; and

(3) include:

(A) the name and domicile address of the person to whom it is issued;

(B) the person's photograph;

(C) a physical description of the person, including the person's:

(i) biological sex as either male or female as determined at birth;

(ii) [,] height;[,] and

(iii) eye color;

(D) the person's date of birth;

(E) a number or identifier the department considers appropriate;

(F) the person's signature;

(G) each class of commercial motor vehicle that the person is authorized to drive, with any endorsements or restrictions;

(H) the name of this state; and

(I) the dates between which the license is valid.

SECTION 11. 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 the changes in law made by this Act.

SECTION 12. The changes in law made by this Act to Chapters 521 and 522, Transportation Code, apply only to a driver's license, commercial driver's license, commercial learner's permit, or personal identification certificate issued or renewed under Chapter 521 or 522, Transportation Code, on or after the effective date of this Act.

SECTION 13. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.