Bill Text: TX HB217 | 2021 | 87th Legislature 1st Special Session | Introduced
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.
Sponsorship: Partisan Bill (Republican 17)
Status: (Introduced - Dead) 2021-07-09 - Filed [HB217 Detail]
Download: Texas-2021-HB217-Introduced.html
| 87S10063 EAS-F | ||
| By: Ellzey | H.B. No. 217 | |
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| 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 [ |
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| 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, an amending certificate or 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 on the 91st day after the | ||
| last day of the legislative session. | ||
