Hall’s bill putting sex at birth on licenses and certificates

The text as introduced · 1,670 words

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.