87R2071 JG-D     By: Rosenthal H.B. No. 338       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 between the physician and 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 on the 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 under 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 the applicant's name and sex from a prior birth certificate   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, to be 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 in a systematic manner change of name and sex   certificates issued under this section and the application and   supporting information submitted with the application filed under   this section.          (k)  A copy of a change of name and sex certificate issued   under this section that is 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 September 1, 2021.