According to the Legislative Budget Board (LBB), SB 406 does not present a significant fiscal impact on the state government or local governments. The bill’s implementation would primarily involve administrative adjustments within the Department of State Health Services (DSHS) and local registrars responsible for issuing birth certificates. However, the costs associated with these adjustments are expected to be minimal and can be absorbed using existing resources.

From a local government perspective, the bill does not impose significant new expenses on county registrars or municipal health offices, as they already manage birth certificate issuance and amendment requests. The restriction on amendments may reduce the number of legal proceedings and administrative actions related to gender marker changes, potentially decreasing minor processing costs for local and state agencies.

However, the long-term fiscal impact could be indirectly influenced by potential legal challenges. If the law faces litigation on constitutional or civil rights grounds, the Attorney General’s Office and state courts may incur legal defense costs. Additionally, there could be economic implications for businesses if corporations view the legislation as a deterrent to talent recruitment and retention. While the immediate fiscal impact is negligible, the broader economic and legal consequences remain uncertain.

SB 406 reinforces the legal and biological definition of sex by requiring birth certificates to record an individual’s biological sex at birth and prohibiting amendments that would alter it to reflect gender identity. The bill aims to prevent legal and administrative manipulation of official documents, particularly in cases where individuals may seek to change their birth certificates to gain eligibility for female sports categories. By maintaining biological accuracy in legal records, the bill upholds fairness in competition and aligns with existing laws such as SB 15 (Save Women’s Sports Act) and HB 25, which restrict male participation in women’s sports.

Supporters argue that this bill closes loopholes that could undermine laws protecting female athletes while ensuring that birth certificates remain objective, historical records rather than documents subject to personal identity changes. Additionally, the Republican Party of Texas platform supports policies that reinforce biological reality and traditional gender structures, making this bill consistent with conservative principles.

Given its alignment with principles of fairness in sports, legal clarity, and conservative values, SB 406 presents a commonsense policy that maintains sex-based distinctions without government overreach. For those who believe in the integrity of biological sex in legal records, this bill is a necessary step in preventing identity-based alterations that could erode existing protections for women’s sports and other sex-specific policies. Based on these considerations, Texas Policy Research recommends that lawmakers vote YES on SB 406.

• HB 2291 (Same As)
• HB 477 (Similar To)