Texas SB406

(c-1) The form must include a space for recording the biological sex of a person as either male or female.

A person required to report a birth under this section shall report the child's biological sex to the local registrar, and the local registrar shall list the biological sex in the appropriate space on the birth certificate. (g) A person is not required to list on the birth certificate or report to the local registrar the biological sex of a child whose biological sex is not determined at birth because the child, as determined by a physician, has atypical or ambiguous sex organs, chromosomes, or endogenous profile for either male or female.

(d) The state registrar, local registrar, or other person who issues a birth certificate under this section may not issue, and a court may not order the issuance of, a birth certificate that incorporates the completed or corrected biological sex information for a person unless: (1) the certificate corrects a clerical error on the original birth certificate; (2) the original birth certificate does not list the person's biological sex as required by Section 192.003(f) and the certificate completes the information by listing the person's biological sex; or (3) for a person who at birth had atypical or ambiguous sex organs, chromosomes, or endogenous profile for either male or female and whose sex is later determined, the certificate: (A) corrects the biological sex information listed as either male or female on an original birth certificate by listing the person's determined sex as the other biological sex; or (B) completes the biological sex information not previously listed on an original birth certificate by listing the person's determined sex.