Bill Text: TX HB1952 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors.

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced - Dead) 2023-05-04 - Committee report sent to Calendars [HB1952 Detail]

Download: Texas-2023-HB1952-Comm_Sub.html
  88R20747 EAS-D
 
  By: Toth, Anderson, et al. H.B. No. 1952
 
  Substitute the following for H.B. No. 1952:
 
  By:  Schofield C.S.H.B. No. 1952
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required inclusion of a person's sex on a birth
  certificate and prohibited change of sex on the birth certificate
  of certain minors.
         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 the completed or corrected biological sex information
  for a minor unless:
               (1)  the certificate corrects a clerical error on the
  original birth certificate;
               (2)  the original birth certificate does not list the
  minor's biological sex as required by Section 192.003(f) and the
  certificate completes the information by listing the minor's
  biological sex; or
               (3)  for a minor 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 minor'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.
         SECTION 4.  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 5.  This Act takes effect September 1, 2023.
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