Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain persons.
SB 406 requires Texas birth certificates to list a person's "biological sex" as male or female based on sex organs, chromosomes, or endogenous profile at birth, as mandated in Health and Safety Code Sections 192.002(c-1) and 192.003(f). It prohibits changing the sex marker on birth certificates except in three specific cases: correcting clerical errors, completing information when biological sex wasn’t initially listed, or for intersex individuals (those with atypical sex characteristics at birth) after medical determination. The bill directly affects parents reporting births, local registrars issuing certificates, and individuals seeking to amend birth records. It does not allow changes to reflect gender identity but permits limited updates for medical clarity or correction of errors.
Bill status
passed
3 of 5 stages cleared
Introduction
Nov 2024
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Nov 21, 2024
Last action Apr 17, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Engrossed
·
5 edits
·
Apr 3, 2025
MODERATE
This bill requires birth certificates to include a person's biological sex as either male or female, based on sex organs, chromosomes, or endogenous profile. It prohibits changing a person's sex on a birth certificate after birth and outlines specific exceptions for clerical errors or cases where sex was not determined at birth. The legislation also mandates that birth certificates cannot be amended to change a person's biological sex listing except under narrowly defined circumstances.
Scope change
The bill applies to all birth certificates issued in Texas and establishes strict rules about when biological sex information can be recorded or amended on these documents.
REQUIREMENT
Requires birth certificate forms to include a space for recording biological sex as either male or female
Mandates that biological sex be listed based on sex organs, chromosomes, or endogenous profile at the time of birth
Prohibits changing a person's biological sex listing on a birth certificate after birth, with limited exceptions
Establishes specific conditions under which birth certificates may be amended to include biological sex information
TIMELINE
Sets September 1, 2025 as the effective date for implementing these changes
Floor votes · Senate Apr 2, 2025
How they voted
20–10
Passed
Total votes 30
Apr 2, 2025
D
Democratic10
100% Nay
R
Republican20
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
7
Committee
7
Apr 17, 2025
Committee
Referred to Public Health
lower
Apr 17, 2025
Introduced
Read first time
lower
Apr 7, 2025
Introduced
Received from the Senate
lower
Apr 3, 2025
Upper · Passed
Passed
upper
Apr 2, 2025
Senate · Passed
Senate Vote: pass (20-10)
senate
Mar 17, 2025
Upper · Passed
Committee report printed and distributed
upper
Mar 17, 2025
Upper · Passed
Reported favorably w/o amendments
upper
Mar 13, 2025
Upper · Passed
Vote taken in committee
upper
Mar 10, 2025
Upper · Passed
Left pending in committee
upper
Mar 10, 2025
Upper · Passed
Testimony taken in committee
upper
Feb 3, 2025
Committee
Referred to State Affairs
upper
Feb 3, 2025
Introduced
Read first time
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mayes Middleton
RRepublican
Co
Bob Hall
RRepublican
Co
Lois Kolkhorst
RRepublican
Ask Maddy
·
AI policy assistant
Ask Maddy about SB 406
Scope: TX
Hi! I can help you understand SB 406. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline