HB 2291
AN ACT relating to the required inclusion of a person's sex on a birth
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Requires birth certificates to list a child's biological sex as determined by sex organs, chromosomes, or endogenous profile, with only male or female options. Medical professionals filing birth certificates must record the biological sex at birth, with an exception for children with atypical or ambiguous sex characteristics. The law restricts future changes to birth certificates, preventing modifications of biological sex except in very limited circumstances such as correcting clerical errors or documenting sex for children with initially indeterminate biological characteristics.
Bill Text
relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate 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 person 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 SECTION 3. Section 192.011, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (d) to (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 (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 (1) the certificate corrects a clerical error on the (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 (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 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, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the required inclusion of a person's sex on a birth
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