The bill, S.B. No. 406, amends the Health and Safety Code to mandate the inclusion of a person's biological sex on birth certificates and restricts the ability to change this information. Specifically, it introduces a requirement that birth certificate forms must have a designated space for recording biological sex as either male or female. Additionally, it stipulates that individuals responsible for filing a birth certificate must ensure that the biological sex, determined by sex organs, chromosomes, or endogenous profile, is accurately reported to the local registrar. However, if a child's biological sex is not determinable at birth due to atypical or ambiguous characteristics, the birth certificate can be amended later once the sex is determined.

Furthermore, the bill outlines conditions under which a birth certificate can be amended to reflect corrected biological sex information. It prohibits the issuance of a birth certificate that incorporates changes to biological sex unless specific criteria are met, such as correcting clerical errors or completing information that was not listed on the original certificate. The bill also mandates that the executive commissioner of the Health and Human Services Commission adopt necessary rules for implementation, with the act set to take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 192.002, Health and Safety Code 192.003, Health and Safety Code 192.011 (Health and Safety Code 192)