S.B. No. 406 is a bill that mandates the inclusion of a person's biological sex on birth certificates in Texas and restricts the ability to change this information. The bill amends the Health and Safety Code by adding provisions that require birth certificates to have a designated space for recording biological sex as either male or female. It specifies that the biological sex must be determined based on sex organs, chromosomes, or endogenous profiles, and must be 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.

Additionally, the bill outlines conditions under which a birth certificate can be amended to reflect a person's biological sex. It prohibits the issuance of a birth certificate that incorporates corrected biological sex information unless it meets specific criteria, such as correcting clerical errors or completing information that was not listed on the original certificate. The bill is set to take effect on September 1, 2025, and requires the executive commissioner of the Health and Human Services Commission to adopt necessary rules for implementation.

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)