HBA-SEB H.B. 1579 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1579
By: Danburg
Juvenile Justice and Family Issues
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

In some instances, birth records, drivers' licenses, and other official
documents are erroneously marked with incorrect gender identification
information.  Since law enforcement officers use those documents to locate
people, they need a correct description of the person.  H.B. 1579 requires
a court to order a change of name of a person whose gender appears
incorrectly on the person's driver's license, birth certificate, or other
official document.  It also requires the Department of Public Safety, upon
request, to place the correct gender identification on a person's driver's
license and other identification documents and requires the Texas
Department of Health to amend the person's birth certificate to reflect the
person's gender.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 45, Family Code, by adding Section
45.107, as follows: 

Sec. 45.107.  CHANGE OF NAME AND VITAL STATISTICS INFORMATION.  (a)
Requires a court to order a change of name for a petitioner under this
subchapter (Change of Name of Adult) if the petition is accompanied by a
sworn affidavit of a licensed physician that the petitioner is a gender
other than the gender indicated on the petitioner's driver's license, birth
certificate, or other official document. 

(b)  Requires a court that orders a change of name for a petitioner under
this section to simultaneously order that the Department of Public Safety
change the petitioner's gender on the petitioner's driver's license and
other identification documents under that department's control as soon as
practicable.  Requires the Texas Department of Health to amend the
petitioner's birth certificate as provided by Section 192.011, Health and
Safety Code (Amending Birth Certificate), to reflect the petitioner's
change in sexual identity on receipt of a physician's sworn affidavit that
the petitioner is in fact a person of a different gender than the gender
indicated on the petitioner's birth certificate. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.