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. The bill introduces a new requirement that birth certificate forms must include a space for recording the biological sex of a person as either male or female. It also 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 does not need to list this information until it can be accurately 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 previously unlisted biological sex information. The bill requires the executive commissioner of the Health and Human Services Commission to adopt necessary rules for implementation, with the law 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)