88R226 JG-F     By: Rosenthal H.B. No. 752       A BILL TO BE ENTITLED   AN ACT   relating to a change of name and sex for certain persons and the   issuance of associated birth records and documentation;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 191.028, Health and   Safety Code, is amended to read as follows:          Sec. 191.028.  GENERAL AMENDMENT OF CERTIFICATE.          SECTION 2.  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 Subchapter C, Chapter 192.          SECTION 3.  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 4.  Chapter 192, Health and Safety Code, is amended   by adding Subchapter C to read as follows:   SUBCHAPTER C. CHANGE OF NAME AND SEX          Sec. 192.051.  APPLICATION FOR CHANGE OF NAME OR SEX ON BIRTH   CERTIFICATE. (a) Subject to the eligibility requirements   prescribed by Section 192.052, an eligible person born in this   state may apply for the issuance of a new birth certificate   reflecting and incorporating into the new birth certificate a   change to the person's name and sex or only to the person's sex by   providing to the state registrar:                (1)  a signed statement from a physician on the   physician's official letterhead that includes:                      (A)  the physician's contact information,   including full name, work address, telephone number, and e-mail   address;                      (B)  the physician's medical license number and   the state or other jurisdiction of licensure;                      (C)  the physician's acknowledgment that the   physician treated the applicant or reviewed and evaluated the   applicant's medical history;                      (D)  the physician's acknowledgment that the   applicant received or is in the process of receiving appropriate   medical treatments or procedures to transition from the applicant's   sex as assigned at birth; and                      (E)  the physician's acknowledgment, based on the   physician's professional medical judgment, that the applicant's   transitioning from the applicant's sex as assigned at birth is in   the applicant's best interests;                (2)  a completed application on the form prescribed   under Subsection (b);                (3)  for a minor applicant who is subject to the   continuing, exclusive jurisdiction of a court under Chapter 155,   Family Code, a copy of the court order regarding the applicant; and                (4)  an application fee described by Subsection (c),   unless the fee is waived under that subsection due to the   applicant's inability to pay.          (b)  The executive commissioner by rule shall prescribe an   application form for a person to apply for the issuance of a new   birth certificate under this section. The form must:                (1)  plainly state the eligibility requirements to   apply for a new birth certificate;                (2)  include a statement to be signed by the applicant   or the parent, guardian, or managing conservator of a minor   applicant that, to the best of the signor's knowledge, the   applicant is eligible to apply for the new birth certificate; and                (3)  for an applicant who is 16 years of age or younger   and who is not otherwise emancipated by marriage or court order,   include a statement to be signed by the applicant's parent,   guardian, or managing conservator consenting to the issuance of the   new birth certificate.          (c)  The executive commissioner by rule shall set a fee for   an application filed under this section. The rules must:                (1)  set the fee in the amount reasonable and necessary   for the department to administer this subchapter; and                (2)  allow for a person to request a waiver from the fee   if the person, as determined in accordance with department rules,   is unable to pay the fee.          Sec. 192.052.  ELIGIBILITY REQUIREMENTS FOR CHANGE OF NAME   OR SEX. (a) In this section:                (1)  "Criminal history record information" has the   meaning assigned by Section 411.082, Government Code.                (2)  "Local law enforcement authority" has the meaning   assigned by Article 62.001, Code of Criminal Procedure.          (b)  Except as otherwise provided by this section, a person   is ineligible to apply for the issuance of a new birth certificate   under Section 192.051 if the person:                (1)  has been finally convicted of a felony offense;                (2)  received community supervision, including   deferred adjudication, for a felony offense;                (3)  is subject to deferred disposition of a felony   offense; or                (4)  is subject to the registration requirements of   Chapter 62, Code of Criminal Procedure.          (c)  A person described by Subsection (b)(1), (b)(2), or   (b)(3) is eligible to apply for the issuance of a new birth   certificate under Section 192.051 only if the person provides to   the state registrar, in addition to the items required by Section   192.051(a), proof that the person has notified the appropriate   local law enforcement authority of the proposed change to the   person's name and sex or only to the person's sex, as applicable,   and the person:                (1)  for the felony offense for which the person is   ineligible under Subsection (b)(1), (b)(2), or (b)(3), as   applicable, has:                      (A)  been pardoned and had the record of the   offense expunged from the person's record; or                      (B)  received a certificate of discharge by the   Texas Department of Criminal Justice or completed a period of   community supervision or juvenile probation ordered by a court and   at least two years have elapsed from the date of the discharge or of   the completion of community supervision or juvenile probation; or                (2)  is seeking to change the person's name or sex to   the primary name or sex used in the person's criminal history record   information.          (d)  A person described by Subsection (b)(4) is eligible to   apply for the issuance of a new birth certificate only if the   person:                (1)  provides to the state registrar, in addition to   the items required by Section 192.051(a), proof that the person has   notified the appropriate local law enforcement authority of the   proposed change to the person's name and sex or only to the person's   sex, as applicable; and                (2)  is seeking to change the person's name or sex to   the primary name or sex used in the person's criminal history record   information and as it appears on the person's registration under   Chapter 62, Code of Criminal Procedure.          (e)  For each person described by this section to whom the   state registrar issues a new birth certificate, the state registrar   shall provide to the applicable local law enforcement authority:                (1)  a copy of the new birth certificate; and                (2)  the accompanying certificate of change issued   under Section 192.053.          Sec. 192.053.  ISSUANCE OF NEW BIRTH CERTIFICATE AND   SUPPORTING DOCUMENTATION. (a) As soon as practicable after   receiving a complete application for a new birth certificate under   Section 192.051, the state registrar shall issue to the applicant a   new birth certificate that incorporates the changed name and sex or   only the changed sex, as applicable. The new birth certificate may   not include the applicant's name or sex from a prior birth   certificate that is inaccurate for the new birth certificate.          (b)  The state registrar shall issue with the new birth   certificate a separate certificate of change that includes:                (1)  the name and sex of the person before the new birth   certificate is issued;                (2)  the name and sex of the person after the new birth   certificate is issued;                (3)  each of the person's federal and state   identification numbers, including the person's driver's license   number, passport number, and military identification number, as   applicable; and                (4)  the signature of the state registrar.          (c)  The state registrar shall:                (1)  arrange, bind, and permanently preserve in a   systematic manner a new birth certificate and accompanying   certificate of change issued to a person under this section and the   application and supporting documentation submitted for the new   birth certificate; and                (2)  ensure that a copy of the new birth certificate and   accompanying certificate of change issued under this section is   maintained in the central record file described by Chapter 108,   Family Code.          (d)  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 the   new birth certificate and accompanying certificate of change issued   to a person under this section.          Sec. 192.054.  LIABILITIES AND RIGHTS UNAFFECTED. A   person's change of name or sex under this subchapter does not   release the person from any liability incurred or defeat any right   the person had under the person's previous name or sex.          Sec. 192.055.  LEGAL RIGHTS ASSOCIATED WITH VITAL RECORDS   ISSUED UNDER SUBCHAPTER. (a) A copy of a new birth certificate and   accompanying certificate of change issued to a person under Section   192.053 that is certified by the state registrar is prima facie   evidence of the facts stated in the record and constitutes   sufficient proof for:                (1)  the person to correct or amend the person's name or   sex on any government-issued identification to reflect the person's   changed name or sex, including the name or sex on the person's:                      (A)  driver's license;                      (B)  voter registration card; and                      (C)  state-issued professional license; and                (2)  the person's name or sex for each state and local   governmental entity in this state, including a school or   university.          (b)  A person who is issued a new birth certificate and   accompanying certificate of change under Section 192.053 may manage   the property owned by the person before issuance of those documents   using either the person's prior name or sex, as it may appear on any   title or other ownership record associated with the property, or   the person's changed name or sex under the new birth certificate.          Sec. 192.056.  CONSTRUCTION OF SUBCHAPTER; OPTION FOR   COURT-ORDERED NAME OR SEX CHANGE UNAFFECTED. Nothing in this   subchapter shall be construed to restrict a person's ability to   seek from a court of competent jurisdiction, or to limit the   authority of that court under other law to issue, an order changing   the person's name or sex.          Sec. 192.057.  RULES. The executive commissioner shall   adopt rules and procedures to implement and administer this   subchapter, including rules and procedures to:                (1)  establish for both adults and minors applying for   a new birth certificate the same requirements for the physician's   statement under Section 192.051(a)(1);                (2)  ensure a person applying for a new birth   certificate is not required to include in the application a court   order authorizing a change to the person's name or sex;                (3)  prescribe the appropriate forms and processes for   a person seeking a waiver from the application fee required under   Section 192.051(c), as provided by that section; and                (4)  prescribe the form of a certificate of change   issued with a new birth certificate under Section 192.053.          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   Subchapter C, Chapter 192, Health and Safety Code, as added by this   Act.          SECTION 6.  This Act takes effect September 1, 2023.