S.B. No. 406 is a legislative bill that mandates the inclusion of a person's biological sex on birth certificates in Texas. The bill amends the Health and Safety Code by adding provisions that require the birth certificate form to have a designated space for recording biological sex as either male or female. 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, it also allows for exceptions in cases where a child's biological sex is not determinable at birth due to atypical or ambiguous characteristics, in which case the birth certificate can be amended later once the sex is determined.

Additionally, the bill introduces restrictions on the issuance of amended birth certificates concerning biological sex. It specifies that a birth certificate incorporating corrected biological sex information cannot be issued unless it corrects a clerical error, completes missing information, or reflects a later determination of sex for individuals with atypical or ambiguous characteristics at birth. The bill requires the executive commissioner of the Health and Human Services Commission to adopt necessary rules for implementation, and it is 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)
Senate Committee Report: Health and Safety Code 192.002, Health and Safety Code 192.003, Health and Safety Code 192.011 (Health and Safety Code 192)
Engrossed: Health and Safety Code 192.002, Health and Safety Code 192.003, Health and Safety Code 192.011 (Health and Safety Code 192)