89R6256 EAS-D     By: Campbell S.B. No. 1953       A BILL TO BE ENTITLED   AN ACT   relating to the inclusion of a person's biological 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 Subsections (d) and   (e) 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; or                (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.          (e)  A birth certificate that is issued to complete or   correct biological sex information in accordance with Subsection   (d) must be clearly labeled as amended.          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.  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.          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 September 1, 2025.