HB477 - 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.

  89R70 JG-F     By: Swanson H.B. No. 477       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 or chromosomes or   the 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 or chromosomes or the 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 or chromosomes or the 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 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.