Texas Senate passes bill disallowing sex changes on birth certificates
Apr 03, 2025
AUSTIN (KXAN) -- The Texas Senate on Thursday voted to pass a bill that would prevent Texans from changing the sex assigned on their birth certificates. The bill will move forward to be heard in the Texas House of Representatives.
Senate Bill 406 was authored by Texas Sen. Mayes Middleton, R-Gal
veston, and it was one of the first bills filed in the 89th Legislative Session.
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The bill relates "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," according to its web page on the Texas Legislature's website.
The full text of the current version of SB 406 can be read below.
SB406Download
Middleton said in a press release that the bill "further ensures fairness in women's sports," and that it follows directives from President Trump's administration and Gov. Abbott's office.
"President Trump has a nationwide executive order recognizing just two sexes, biological male and biological female, which expressly excludes gender identity," Middleton stated in the release. "Governor Abbott has also signed an agency directive to follow the executive order and disregard court orders to change ‘sex’ on birth certificates and driver's licenses."
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Last fall, the Texas Department of Public Safety stopped allowing Texans to change the gender marker on their licenses via court orders or amended birth certificates that change a person’s sex if it differs from the documentation the department already has on file. A source told KXAN at the time that the policy came as a directive from the Texas governor’s office
Shortly after, the Department of State Health Services, or DSHS, stopped allowing Texans to use a court order to change the sex on their birth certificate.
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Just weeks ago, Attorney General Ken Paxton filed an opinion stating that state agencies should not honor court orders to change the sex on someone’s driver’s license or birth certificate.
Paxton also said state agencies should retroactively correct any changes they’ve made to driver’s licenses or birth certificates over the years based on these court orders.
Middleton said in the press release that the bill "reiterates in our state code what Texas is already doing under the federal executive order and Governor Abbott’s directive. It also closes aloophole courts created with no authority to try and change vital statistics from the time of birth.”
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An introduced bill must be read three times by the Senate before it is voted on then taken to the House where it would also be read three times before a vote. If passed by both chambers, it would then go to the governor's desk before it becomes a law.
SB 406 still needs to move through the Texas House before it can be enacted as law.
The Texas Legislature is considering at least 80 anti-LGBTQ+ bills this session, approximately 15.2% of such bills across the U.S., according to the American Civil Liberties Union. ...read more read less