Text of TX SB 29 (2021)

87S30036 JG-F By: Perry S.B. No. 29 A BILL TO BE ENTITLED AN ACT relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors. 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 Subsection (d) 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, an amending certificate or a birth certificate that incorporates the completed or corrected biological sex information for a minor unless: (1) the certificate corrects a clerical error on the original birth certificate; (2) the original birth certificate does not list the minor's biological sex as required by Section 192.003(f) and the certificate completes the information by listing the minor's biological sex; or (3) for a minor 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 minor'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. 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 February 1, 2022.

By: Perry, et al. S.B. No. 29 A BILL TO BE ENTITLED AN ACT relating to requiring public school students to participate in interscholastic athletic activities based on biological sex. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.0832 to read as follows: Sec. 33.0832. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an interscholastic athletic team sponsored or authorized by a school district or open-enrollment charter school may not allow a student to participate in an interscholastic athletic activity sponsored or authorized by the district or school that is designated for the biological sex opposite to the student's biological sex as determined at the student's birth and correctly stated on the student's official birth certificate. (b) An interscholastic athletic team described by Subsection (a) may allow a female student to participate in an interscholastic athletic activity that is designated for male students if a corresponding interscholastic athletic activity designated for female students is not offered or available. (c) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex as determined at the student's birth if the statement was: (1) entered at or near the time of the student's birth, as determined by University Interscholastic League rule; or (2) modified to correct a clerical error in the student's biological sex. SECTION 2. This Act applies beginning with the 2021-2022 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Aricle II, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.