SB 406 Texas Senate · 89th Legislature (2025)

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

2010
Passed
Total votes 30
Apr 2, 2025
D Democratic10
10 Nay
100% Nay
R Republican20
20 Yea
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