Read the full stored bill text
H. B. No. 1154 *HR43/R2076* ~ OFFICIAL ~ G1/2
26/HR43/R2076
PAGE 1 (RF\KP)
To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Remak
HOUSE BILL NO. 1154
AN ACT TO AMEND SECTION 41-57-21, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE SEX DESIGNATED ON THE BIRTH CERTIFICATE SHALL 2
BE THE SEX OF THE CHILD THAT IS ASSIGNED AT BIRTH; TO PROHIBIT THE 3
STATE REGISTRAR OF VITAL RECORDS FROM CHANGING THE SEX ON A BIRTH 4
CERTIFICATE UNLESS IT IS CLEARLY AN ERROR THAT IS VERIFIED BY 5
MEDICAL RECORDS FROM THE TIME OF BIRTH THAT ARE PROVIDED AND 6
SIGNED BY ONE OF THE PARENTS OF THE CHILD SHOWING THAT THE SEX OF 7
THE CHILD WAS NOT WHAT IS SHOWN ON THE BIRTH CERTIFICATE, OR A 8
PHYSICIAN OR OTHER PERSON WHO DELIVERED THE CHILD OR ASSISTED IN 9
DELIVERING THE CHILD WHO CONFIRMS THAT AT THE TIME OF BIRTH, THE 10
SEX OF THE CHILD WAS NOT WHAT IS SHOWN ON THE BIRTH CERTIFICATE; 11
TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE 12
THAT THE SEX OF THE PERSON SHOWN ON THE DRIVER'S LICENSE SHALL BE 13
THE SAME AS THE SEX SHOWN ON THE BIRTH CERTIFICATE; AND FOR 14
RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 41-57-21, Mississippi Code of 1972, is 17
amended as follows: 18
41-57-21. (1) Where there has been a bona fide effort to 19
register a birth and the certificate thereof on file with the 20
office of vital records does not divulge all of the information 21
required by * * * the certificate, or such certificate contains an 22
incorrect first name, middle name, or sex, then the State 23
Registrar of Vital Records may, in his discretion, correct such 24
H. B. No. 1154 *HR43/R2076* ~ OFFICIAL ~
26/HR43/R2076
PAGE 2 (RF\KP)
certificate upon affidavit of at least two (2) reputable persons 25
having personal knowledge of the facts in relation thereto. To 26
change the sex on the birth certificate, at least one (1) of the 27
persons submitting the affidavit must be a person specified in 28
subsection (2) of this section. All other alterations shall be 29
made as provided in Section 41-57-23. Anyone giving false 30
information in such affidavit shall be subject to the penalties of 31
perjury. 32
(2) The sex designated on the birth certificate shall be the 33
sex of the child that is assigned at birth. The State Registrar 34
of Vital Records shall not be authorized to change the sex on a 35
birth certificate unless it is clearly an error that is verified 36
by: 37
(a) Medical records from the time of birth that are 38
provided and signed by one (1) of the parents of the child showing 39
that the sex of the child was not what is shown on the birth 40
certificate; or 41
(b) A physician or other person who delivered the child 42
or assisted in delivering the child who confirms that at the time 43
of birth, the sex of the child was not what is shown on the birth 44
certificate. 45
SECTION 2. Section 63-1-35, Mississippi Code of 1972, is 46
amended as follows: 47
63-1-35. (1) The Commissioner of Public Safety shall 48
prescribe the form of license issued pursuant to this article 49
H. B. No. 1154 *HR43/R2076* ~ OFFICIAL ~
26/HR43/R2076
PAGE 3 (RF\KP)
which shall, among other features, include a driver's license 50
number assigned by the Department of Public Safety. A licensee 51
shall list his social security number with the department which 52
shall cross reference the social security number with the driver's 53
license number for purposes of identification. The sex of the 54
person shown on the driver's license shall be the same as the sex 55
shown on the birth certificate, which may not be changed except as 56
provided in Section 41-57-21. Additionally, each license shall 57
bear a full-face color photograph of the licensee in such form 58
that the license and the photograph cannot be separated. The 59
photograph shall be taken so that one (1) exposure will photograph 60
the applicant and the application simultaneously on the same film. 61
The department shall use a process in the issuance of a license 62
with a color photograph that shall prevent as nearly as possible 63
any alteration, counterfeiting, duplication, reproduction, forging 64
or modification of the license or the superimposition of a 65
photograph without ready detection. The photograph shall be 66
replaced by the department at the time of renewal. Drivers' 67
licenses, including photographs appearing thereon, may be renewed 68
by electronic means according to rules and regulations promulgated 69
by the commissioner in conformity to Section 27-104-33. 70
(2) The commissioner shall prescribe the form of license 71
issued pursuant to this article to licensees who are not United 72
States citizens and who do not possess a social security number 73
H. B. No. 1154 *HR43/R2076* ~ OFFICIAL ~
26/HR43/R2076
PAGE 4 (RF\KP)
issued by the United States government. The license of such 74
persons shall include a number and/or other identifying features. 75
(3) Any new, renewal or duplicate driver's license, 76
temporary driving permit or commercial driver's license issued to 77
a person required to register as a sex offender pursuant to 78
Section 45-33-25 shall bear a designation identifying the licensee 79
or permittee as a sex offender. 80
(4) The commissioner is authorized to provide the new, 81
renewal or duplicate driver's license, temporary driving permit or 82
commercial driver's license to any honorably discharged veteran as 83
defined in Title 38 of the United States Code, and such license or 84
permit shall exhibit the letters "Vet" or any other mark 85
identifying the person as a veteran. The veteran requesting the 86
"Vet" designation shall present his DD-214, Military Retiree 87
Identification Card, United States Department of Veterans Affairs 88
Medical Identification Card, United States Department of Veterans 89
Affairs Identification Card or National Guard Form NGB 22. The 90
veteran requesting the "Vet" designation may present his DD-214, 91
Military Retiree Identification Card, United States Department of 92
Veterans Affairs Medical Identification Card, United States 93
Department of Veterans Affairs Identification Card or National 94
Guard Form NGB 22 in person at the Mississippi Department of 95
Public Safety Driver's License Station. 96
(5) Not later than July 1, 2021, the commissioner shall 97
develop and implement a driver's license or driving permit in 98
H. B. No. 1154 *HR43/R2076* ~ OFFICIAL ~
26/HR43/R2076
PAGE 5 (RF\KP)
ST: Birth certificate; sex designated on must
be the sex assigned at birth, and cannot be
changed unless it is verified as clearly an
error.
electronic format as an additional option for license or permit 99
holders. Acceptable electronic formats include display of 100
electronic images on a cellular phone or any other type of 101
electronic device. 102
(6) If false documents are provided by an individual for 103
purposes of obtaining a veteran driver's license, such action 104
shall be considered fraudulent use of identity under Section 105
97-19-85, Mississippi Code of 1972, and shall be punishable, upon 106
conviction, as a felony pursuant to the provisions of that 107
section. 108
SECTION 3. This act shall take effect and be in force from 109
and after July 1, 2026. 110