Bill Text: TX SB66 | 2017 | 85th Legislature 1st Special Session | Introduced

Texas Senate Bill 66 (Prior Session Legislation)

Introduced

Bill Title: Relating to a change of name and sex for certain persons and the issuance of associated vital records and documentation; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-18 - Filed [SB66 Detail]

Download: Texas-2017-SB66-Introduced.html

	85S10797 SCL-D

	By: Garcia	S.B. No. 66



	A BILL TO BE ENTITLED
	AN ACT
	relating to a change of name and sex for certain persons and the
	issuance of associated vital records and documentation;
	authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 192, Health and Safety
	Code, is amended by adding Section 192.0115 to read as follows:
	Sec. 192.0115. CHANGING NAME AND SEX; ISSUANCE OF VITAL
	RECORDS AND DOCUMENTATION. (a) A person born in this state may
	apply for the issuance of a new birth certificate with a change to
	the person's name and sex incorporated into the certificate by
	providing to the state registrar:
	(1) a sworn affidavit by a physician licensed to
	practice medicine in this state that includes:
	(A) the physician's letterhead;
	(B) the physician's full name;
	(C) the physician's medical license number;
	(D) the jurisdiction that issued the physician's
	medical license;
	(E) a statement that a physician-patient
	relationship exists with the applicant; and
	(F) a statement that the applicant has undergone
	a clinically appropriate treatment for the purpose of transitioning
	to another sex;
	(2) a completed application form prescribed by the
	department under Subsection (i); and
	(3) the fee described by Subsection (m).
	(b) The state registrar may not require the person applying
	for a new birth certificate under this section to include a court
	order authorizing the name change.
	(c) A person is ineligible to apply for a new birth
	certificate under this section if the person has been finally
	convicted of a felony offense or has been subject to the
	registration requirements of Chapter 62, Code of Criminal
	Procedure. In this subsection, a person is considered finally
	convicted of a felony offense if for a felony offense:
	(1) a sentence is imposed on the person;
	(2) the person receives community supervision,
	including deferred adjudication; or
	(3) the court defers final disposition of the person's
	case.
	(d) A person who is ineligible under Subsection (c) to apply
	for a new birth certificate under this section may petition for a
	change of name in accordance with Chapter 45, Family Code.
	(e) In processing an application under this section, the
	state registrar shall determine whether the applicant is ineligible
	under Subsection (c) to apply for a new birth certificate under this
	section.
	(f) The state registrar shall issue a new birth certificate
	that incorporates the change of name and sex and attach to the birth
	certificate a change of name and sex certificate if the application
	filed under this section complies with this section and rules
	adopted under this section. The new birth certificate may not
	include from an applicant's prior birth certificate a name and sex
	that are inaccurate for the new birth certificate.
	(g) A change of name and sex certificate issued under this
	section must include:
	(1) the name and sex of the person before the
	certificate is issued;
	(2) the name and sex of the person after the
	certificate is issued;
	(3) the date the certificate is issued;
	(4) the person's social security number and any
	driver's license number; and
	(5) the signature of the state registrar.
	(h) A change of name and sex certificate issued under this
	section constitutes proof of the change of name and sex of the
	person named in the certificate.
	(i) The department shall prescribe a form for applying for a
	new birth certificate under this section. The form must:
	(1) plainly state the eligibility requirements to
	apply for a new birth certificate under this section;
	(2) include a statement signed by the applicant, or
	the applicant's parent, legal guardian, or managing conservator if
	the applicant is a minor, that to the best of the person's
	knowledge, the applicant is eligible to apply for a new birth
	certificate under this section; and
	(3) require the written, signed consent of the
	applicant's parent, legal guardian, or managing conservator if the
	applicant is a minor.
	(j) The state registrar shall arrange, bind, and
	permanently preserve change of name and sex certificates issued
	under this section and the application and supporting information
	submitted with the application filed under this section in a
	systematic manner.
	(k) A copy of a change of name and sex certificate issued
	under this section and certified by the state registrar is prima
	facie evidence of the facts stated in the record.
	(l) Subject to department rules controlling the
	accessibility of vital records, the state registrar shall supply to
	a properly qualified applicant, on request, a certified copy of a
	change of name and sex certificate issued under this section.
	(m) The executive commissioner shall adopt rules to
	implement this section and set a fee for an application filed under
	this section in an amount reasonable and necessary for the
	department to administer this section.
	SECTION 2. The heading to Section 191.028, Health and
	Safety Code, is amended to read as follows:
	Sec. 191.028. GENERAL AMENDMENT OF CERTIFICATE.
	SECTION 3. Section 191.028(a), Health and Safety Code, is
	amended to read as follows:
	(a) A record of a birth, death, or fetal death accepted by a
	local registrar for registration may not be changed except as
	provided by Subsection (b) or Section 192.0115.
	SECTION 4. The heading to Section 192.011, Health and
	Safety Code, is amended to read as follows:
	Sec. 192.011. AMENDING BIRTH CERTIFICATE FOR COMPLETION OR
	CORRECTION.
	SECTION 5. 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
	Section 192.0115, Health and Safety Code, as added by this Act.
	SECTION 6. This Act takes effect December 1, 2017.