Texas HB437

PLACEMENT OF JUVENILES BASED ON BIOLOGICAL SEX. (a) In this section, "department" means the Texas Juvenile Justice Department. (b) A juvenile board created under Chapter 152, Human Resources Code, or the department, as applicable, shall place a child in a detention or correctional facility according to the child's biological sex, as determined by: (1) the child's official birth certificate, if the child's biological sex is correctly stated on the certificate as described by Subsection (c); or (2) if the child's official birth certificate described by Subdivision (1) is unobtainable, another government record that states the child's biological sex. (c) For purposes of this section, a statement of a child's biological sex on the child's official birth certificate is considered to have correctly stated the child's biological sex only if the statement was: (1) entered at or near the time of the child's birth; and (2) not modified except as necessary to correct any type of scrivener or clerical error in the child's biological sex. (d) The vital statistics unit of the Department of State Health Services may not charge a juvenile board or the department a fee to issue a birth certificate for use under this section.