Court orders can't be used to change gender on Texas licenses, DPS email says

Editor’s Note: The above video shows KXAN News’ top morning headlines from Wednesday, Aug. 21, 2024.

AUSTIN (KXAN) – For people seeking to change the gender on their Texas driver's license or identification card, the Texas Department of Public Safety will no longer accept court orders or amended birth certificates that change a person’s sex if it differs from the documentation the department already has on file, according to an internal email obtained by KXAN.

The email notified staff in DPS' driver's license division the new policy would be “effective immediately” on Aug. 20.

A person’s sex on their license or ID will “reflect the sex listed on the primary document presented upon original application that is already on file,” according to the email.

The Office of the Director of DPS is reviewing the validity of court orders and amended birth certificates to "ensure that all state and federal guidelines are being met,” according to the message sent by the head of the Driver’s License Division.

KXAN has reached out to DPS for comment on this development, and we will update this report when that becomes available.

For individuals with a current driver’s license or identification card, the sex established in their original application and in their existing driver’s record won’t be changed unless there was a clerical error, according to the new policy explained in the email.

The new policy will not stop a person from getting or renewing a driver’s license or ID that corresponds with the documentation already on file, but “this decision will be left up to the customer,” according to the email.

DPS employees are also instructed to scan and report sex change documentation -- though it cannot be used to change a driver's license or ID under the new guidance -- to a specific DPS email address.

It appears DPS has made changes to the guidance on its website for getting a gender change on an ID card or driver’s license. As recently as April 27, DPS had a section on its page advising what documentation was needed for a gender change.

“If you want to change your gender, you must bring an original certified court order or an amended birth certificate verifying the change. Documents must be original or certified copy,” DPS’s website used to say, according to archived pages in Wayback Machine.

That information has since been removed and no longer exists on the current webpage.