ID Information
Updated February 26, 2026
Current Overview
With constantly changing laws and policies regarding the ability to update identity documents, it can be difficult to keep up with the status of each. Below is a simplified breakdown of what identity documents are still possible to amend in Texas and at the federal level, to what extent, and some of the paperwork that’s needed in order to obtain those amendments. Please note that this table does not encompass all ID situations. For any specific questions please reach out to us at support@transtexas.org.
Please note that laws and policies are subject to change and the ability to update certain documents may also change accordingly. Documents from other states, such as birth certificates, are also subject to different sets of rules. This information is specific to certain Texas documents and federal documents.
The information on this page below the chart goes into more detail about the specific laws and policies impacting documents and the in/ability to update them. We aim to keep this page as up-to-date as possible, but updates in response to policy changes may not be immediate as we work with our legal partners and other issue-area experts to ensure our guidance is accurate.
| ID Type | Can I amend my name? | Can I amend my gender/sex marker? |
| Texas DL/ID | Yes, but only with a standalone name change court order | No |
| Texas Birth Certificate | Yes, but only with a standalone name change court order | No |
| Passport | Yes | No (as of 11/6 SCOTUS shadow docket ruling)* *This is subject to change as the lawsuit progresses. |
| Social Security | Yes | No |
For questions specific to your personal circumstance, we recommend signing up for a free clinic with the Trans Legal Aid Clinic of Texas (TLACT). More information about their clinics and when they occur can be found on TLACT’s Instagram.
HB 229 Update
This 2025 legislative session, HB 229 passed.
There is nothing in HB 229 that explicitly addresses what actions agencies like DPS and DSHS should take regarding people’s existing driver’s licenses, state IDs, or birth certificates, only that they “shall identify each individual as either male or female.” It does not instruct these agencies to revert documents that have been legally changed. However, it aims to codify the August 2024 DPS and Vital Statistics policies prohibiting trans and gender expansive Texans from making gender marker amendments on driver’s licenses, state IDs, and Texas birth certificates. These policies are detailed below.
Unfortunately, as we have seen at the national level with passports, social security, and even at the state level with certain DL/ID renewal appointments, individual employees at these agencies who oversee and facilitate matters of documentation and document updates may feel emboldened by existing state and/or national policies to make assumptions about a person’s gender or sex and therefore what sex marker should be on their documents. It’s also not uncommon for government agencies and their employees to either 1) obey in advance or 2) over-comply with new policies and laws out of fear of being disciplined for not following the rules correctly or because they agree with the aim of the policy and wish to ensure they are carried out to the fullest extent.
Because of this, even if there may not be any widespread reversals of DL/ID gender markers, individual clerical workers and state employees may still act on the state’s behalf (or what they think is the state’s behalf) and take it upon themselves to make unwanted changes to people’s documents.
Please reach out to us at support@transtexas.org if you have an upcoming ID/DL appointment, if you run into any issues at a DPS location, or if you have any questions about the information on this page, and we will be happy to provide assistance and/or resources to the best of our ability.
The Facts
- The policy went into effect on August 20, 2024. Notice of the policy was leaked to the press on August 21, 2024.
- The policy states that the DPS Driver’s License Division (DLD) will not accept court orders or amended birth certificates that are submitted to update gender markers on DLs or State IDs. The policy provides an exception for remedying “clerical errors.”
- Although the DLD will not deny the issuance or renewal of DLs or IDs for people, IDs will be issued in accordance with the person’s gender listed on the primary documentation on file.
- For first time applicants, the gender marker listed on the primary documentation (i.e, birth certificate, passport, permanent resident card) will take precedence over court orders requiring a gender marker change.
- Court orders containing both a name and gender marker change will not be accepted by DPS, even to only change your name.
- All documentation that can’t be processed (i.e., all except for that which remedies clerical errors) will be scanned into record and the customer’s name and DL/ID number will be filed into an internal database.
- A TxDPS statement made on the night of 8/21/24 confirmed that the policy change was prompted by the AG’s office (OAG).
- The AG released a statement stating he will conduct a “comprehensive legal review” to determine the “validity” of court orders for gender marker changes.
So, What Now?
Exercise caution and refrain, if possible, from pursuing gender marker changes on your DL/ID.
It is still possible to update just your name on those documents. While the new policy does not explicitly say information will be collected for name change requests only, it’s important to remember that clerical workers and government employees may still act on behalf of the state to try to “track” trans people.
Because the policy states that DPS will not accept court orders containing both a name and gender marker change, your name change order must be separate from any gender marker change order for you to update your name on your Texas DL/ID if you decide to solely update your name. If you are needing assistance separating your combined court order, please reach out to us at support@transtexas.org.
Although the State has placed restrictions on what amendments can be made to forms of state identification, the Attorney General cannot reverse a court’s decision to grant a name and gender marker change, meaning those court orders are still valid and usable in certain contexts that still choose to accept them (mostly outside of state ID).
Despite people facing an array of experiences with DL/ID renewals, applications, etc., no existing policy or law makes it illegal to obtain a form of ID that accurately reflects your name and/or gender marker, and DLs/IDs that were issued prior to these policy changes and that reflect your name and gender are valid.
No existing policy, law, or AG opinion have the effect of invalidating your current identity documents.
The List/Database
With the leaked email from an employee at DPS, we know that the Attorney General (AG) is working towards building a list of trans people in Texas. This isn’t the first time the AG has tried to obtain this information. In 2022, AG Paxton sought info from DPS about trans Texans who requested NGMCs in their licenses but DPS declined to fulfill the request at the time because “the data requested neither exist[ed] nor could be accurately produced.”
In December of 2025, KUT News reported on the status of these efforts and found that, between August 2024 and August 2025, 110 people who tried to update their gender markers were added to the list.
What the AG plans to do with said list is unclear, and it’s not known whether other agencies or state officials have access to it. Regardless, we do not want to aid in building said list.
OTHER TEXAS AGENCIES & SEPARATING COURT ORDERS
It’s never a bad idea to proceed with caution when interacting within state systems as a trans/gender-expansive person. Especially as the Attorney General indicated his intention to investigate the “validity” of name and gender marker change court orders, the worry that the ability to seek legal name and gender marker changes will be impeded is not unfounded, and as a result of HB 229, which went into effect on September 1, 2025, Travis County judges are no longer signing motions to separate joint orders, nor are they signing gender marker change court orders.
If you already have a joint name and gender marker court order, sign up for a free clinic with the Trans Legal Aid Clinic of Texas (TLACT). There is another process/motion by which it’s possible to obtain a separate name change confirmation order. TLACT’s volunteers will be able to assist you with that paperwork. It is still possible to get a name change only court order in Texas in your county of residence. Stay plugged in with TLACT for updates and resources.
Birth Certificates
Two revisions were made: in Box #1 on page 2, the option for a gender marker change was removed. Prior to the revision, the form had an option for people to correct items like the date, place, time, or sex, and the updated form no longer includes “sex;” also in Box #1 on page 2, prior to the revision there was an option to ”correct sex after medical/surgical sex change.” This option has been removed entirely and replaced with only the ability to correct the sex “due to proven incompletion or inaccuracy.” To update sex for this reason, the only supporting documents that can be used are hospital or medical records at the time of birth or a letter from the birth hospital or medical facility identifying the error made and explaining the correction needed. In the original form, sex could be amended with a court order. We are still working with our legal partners to understand these changes. What we can glean from community feedback and reports from their interactions with DSHS is that the Department is “seeking assistance from the Office of the Attorney General” to assess “concerns about the validity of court orders purporting to amend sex for purposes of state-issued documents.” Amendment applications submitted as late as 8/26/24, while the previous form was still live, have since been denied.
If you are denied your amended birth certificate please reach out to support@transtexas.org.
Like Texas DL/IDs, you can still update your name on your Texas birth certificate with a name change only court order. You should not send in a gender marker change court order or a combined court order for both a name change and gender marker change.
FOR DRIVER’S LICENSE OR STATE ID RENEWAL
We are closely monitoring DPS behavior when it comes to ID/DL renewals and recommend approaching this process with extreme caution and discernment. It’s currently not clear how—or to what degree/on what scale—HB 229 will impact ID/DL renewals, but we anticipate there being inconsistent application between DPS locations, and even clerical workers. Because the widespread impacts of this law are currently unknown, we recommend avoiding making any changes/updates/etc to your DL/ID unless absolutely necessary and/or time sensitive.
Please reach out to us at support@transtexas.org if you have an upcoming ID/DL appointment or if you run into any issues at a DPS location.
FOR FIRST TIME STATE ID / DRIVER’S LICENSE APPLICANTS / YOUTH DRIVER’S LICENSE PERMITS
If you are applying for your learner’s permit, your first DL, or if you move to TX from out of state and are applying for a TX DL or ID for the first time, you can still use federally issued government documents that reflect changes to your gender marker and name when applying for your DL or ID. Below is a list of documents that satisfy the proof of citizenship/identity verification requirement for DL/ID applications that aren’t a birth certificate:
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- U.S. Certificate of Citizenship or Certificate of Naturalization with identifiable photograph (N-550, N-560, N-561, N-570 or N-578)
- Valid, unexpired U.S. passport book or U.S. passport card
- Valid, unexpired foreign passport with attached visa may be waived in the case of Parolees, the Republic of Palau, the Republic of the Marshall Islands, the Federated States of Micronesia and certain Canadian non-immigrants and valid Form I-94
- Unexpired U.S. military ID card for active duty, reserve or retired personnel with identifiable photo
- Unexpired Department of Homeland Security or U.S. Citizenship and Immigration Services document with verifiable data and identifiable photo, such as one of the following:
- U.S. Citizen Identification Card (I-179 or I-197)
- Permanent Resident Card (I-551)
- Machine Readable Immigrant Visa with temporary I-551 language and ADIT stamp
- Employment Authorization Card (I-766)
- Unexpired U.S. Travel Document (I-327 or I-571)
- Advance Parole Document (I-512 or I-512L)
- I-94 stamped Sec. 208 Asylee with photo
- I-94 stamped Sec. 207 Refugee with photo
- Valid Refugee Travel Letter with photo, stamped by Customs and Border Protection
- American Indian Card (I-872)
- Northern Mariana card (I-873)
Passports
UPDATE AS OF 11/7/2025
The United States Supreme Court (SCOTUS) reinstated the passport ban that had been blocked from June to November. Litigation is ongoing, meaning this is not the final decision, but for now it is again no longer possible to update your gender marker on your passport, and passports being issued or renewed moving forward will reflect an applicant’s sex assigned at birth. Passports that were issued while the policy was blocked and prior to the Executive Order are valid until they expire.
Timeline:
- In January of this year, Trump issued an Executive Order barring trans people from obtaining passports that align with who they are (instructing the State Department to reject applications for gender marker changes and X gender marker designations).
- On June 17, 2025, the U.S. District Court of Massachusetts issued an injunction against the ban while the ACLU’s Orr v. Trump case proceeded and ordered that the State Department resume allowing people to self-select gender on their passports.
- In September, a federal appeals court ruled that the passport ban was likely unconstitutional.
- Following this ruling, the Trump Administration asked SCOTUS to weigh in and, on November 6, 2025, SCOTUS sided with the Trump Administration and reinstated the passport ban while the lawsuit progresses.
If you have a passport with an “X” designation:
- The State Department website says that “All passports are valid for travel until they expire, are replaced by the applicant, or are invalidated pursuant to federal regulations.” It cannot be guaranteed that all TSA and Border Patrol agents or border officials in other countries will follow this statement, but you can travel with a print-out of this State Department webpage and present it as proof for anyone challenging the validity of your passport.
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The ACLU released a FAQ page with additional information, including guidance for people with upcoming travel. This page will be updated with more information as the situation becomes more clear and the processes come into focus.
INTERNATIONAL TRAVEL FOR “X” PASSPORT HOLDERS – UPDATE AS OF 10/15/2025 from Lambda Legal:
A new U.S. Customs and Border Protection (CBP) policy is now in effect. As a result, some airline booking systems may not accept an “X” gender marker for international travel and instead might require “M” or “F.” This policy change affects airline data systems, NOT your legal documents or your right to travel.
A mismatch between the “X” gender marker on your passport and the “M” or “F” required by CBP could cause delays and/or confusion during travel.
If you experience issues while traveling, reach out to the Lambda Legal Help Desk, the Transgender Law Center Help Desk, or the ACLU of Texas Help Desk.
Federal Protections Against Discrimination
DISCLAIMER:
As mentioned above, the status of many Federal policies extending protections to and expanding opportunities for queer and trans people are currently in limbo as the administration has begun its attempt to dismantle any and all safeguards. Many of these attempts have already been—and future attempts will likely be—challenged in court, however we recognize that these orders are having an impact in real time, causing mass confusion, and launching transphobic discrimination.
On January 28, 2025, the Acting Chair of the Equal Employment Opportunity Commission (EEOC) ordered employees to stop processing claims of discrimination based on sexual orientation or gender identity. It is not clear when, if at all, processing of these claims will resume.
If you are facing discrimination, please report it to us at info@transtexas.org. You can also report discrimination to the Transgender Law Center, Lambda Legal, or the ACLU of Texas Help Desks.
VOTING
With the new DPS gender marker change restrictions, trans and gender expansive Texans are understandably concerned about having to present IDs at the polls. Check out our Know Your Rights: Voting While Trans guide for the most up-to-date information.
If you run into problems voting on election day, you can call or text 866-OUR-VOTE.
Car Registration
Re-register your vehicle online or by mail if you are able to with your existing registration information.
If the information you used to register your vehicle in Texas does not reflect the name you use, carry a copy of your name change documents in your car along with a copy of your current registration and insurance. Try to update your insurance information to reflect your current identification documents. You can use a passport or passport ID to keep your insurance information up to date.
If you run into issues, especially if you are registering a vehicle for the first time, or have just moved to the state and cannot register your vehicle due to issues with your name and gender marker, contact us at support@transtexas.org.
Immigration
Current U.S. and country of origin immigration identification documents for purposes of identifying yourself in casual situations, to purchase alcohol, to enter a building that requires ID, etc.
- In the case of Mexico, get a matricula consular and/or voter ID card for these situations as well so as not to lose official documents.
- Mexican passport for flying domestically
- If flying through a city where you have to go through a Customs and Border Patrol (CBP) in addition to Transportation and Security Administration (TSA) checkpoint (such as in a border airport, including El Paso), carry your employment authorization or green card, or any other up-to-date identification issued by the United States Citizenship and Immigration Services (USCIS).
IS THERE ANY LEGAL BASIS FOR THESE POLICY CHANGES?
As explained by the ACLU of Texas, neither DPS nor other government agencies or officials have the authority to openly defy court orders, which includes court orders for name and gender marker changes.
DPS also does not have the authority to “suddenly and arbitrarily” change its rules about the issuance of driver’s licenses and other documents.
- DPS is subject to both state and federal law regarding rulemaking procedure. That DPS implemented this rule abruptly, without announcement, and without public comment not only sends the message that we are disregarded as stakeholders in the decisions our government makes about our lives, but also that our government is willing to disregard state and federal law to implement policies that target trans people.
It is discriminatory and likely a violation of state law and both the U.S. and Texas Constitutions for a state agency to prohibit trans Texans from updating our ID documents while simultaneously allowing others to update theirs without disruption or surveillance.
Further, state and federal law prohibit DPS from sharing any driver’s license or ID applicant’s name, driver’s license number, or other personal information. Only under very limited circumstances can DPS share that information, and in those circumstances, only law enforcement or public health authorities are authorized to receive that information. Sharing this information to any other person or government entity and for any other purpose violates state and federal laws.
Discrimination against trans texans
In recent years, state leaders have felt increasingly emboldened to not only attack trans and gender expansive Texans through legislation, but also to enforce discrimination against our community through executive and administrative orders.
As mentioned before, in 2022, Attorney General Ken Paxton sought information from DPS about trans Texans who requested NGMCs on their DLs or IDs, but DPS was not able to fulfill the request because “the data requested neither exist[ed] nor could be accurately produced.”
Also in 2022, Paxton authored an opinion equating life-saving medical care for trans youth with child abuse. Governor Abbott then directed the Texas Department of Family and Protective Services (DFPS) to investigate affirming families of trans youth. Due to TENT’s advocacy and our legal partners’ hard work, there is still a legal injunction protecting families of trans youth from being investigated by being members of PFLAG.
Earlier this year, Texas Health and Human Services (HHS) codified a policy of denying Medicaid coverage for trans adults seeking hormone therapy and affirming surgeries.
What You Can Do
If you have additional questions or need clarification about anything on this document, please reach out to support@transtexas.org and we will be happy to provide assistance and/or resources to the best of our ability.
We encourage you to document your experience if possible. We know these are unnerving and often frustrating moments, but these details may help us and legal representatives support you and others.
Reach out to your state and federal representatives. You can find who represents you here. File a complaint with DPS here.