| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the separation based on biological sex of athletics |
|
|
teams sponsored by a public school or institution of higher |
|
|
education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 33, Education Code, is |
|
|
amended by adding Section 33.0815 to read as follows: |
|
|
Sec. 33.0815. SEPARATION OF ATHLETICS TEAMS BASED ON |
|
|
BIOLOGICAL SEX. (a) Each interscholastic, intramural, or other |
|
|
extracurricular athletic team sponsored by a school district or |
|
|
open-enrollment charter school shall be designated for |
|
|
participation by: |
|
|
(1) only students of the same biological sex; or |
|
|
(2) students of both biological sexes. |
|
|
(b) A biologically male student may not participate in an |
|
|
athletic team described by Subsection (a) that is designated for |
|
|
participation by only biologically female students. |
|
|
(c) The University Interscholastic League, a state agency, |
|
|
or a political subdivision of the state may not take adverse action |
|
|
against a school district or open-enrollment charter school for |
|
|
complying with this section. |
|
|
(d) A student may bring an action for relief as provided by |
|
|
Subsection (f) if the student is: |
|
|
(1) deprived of an athletic opportunity or suffers |
|
|
harm as a result of a violation of this section by a school district |
|
|
or open-enrollment charter school; or |
|
|
(2) subject to retaliation or other adverse action by |
|
|
a school district or open-enrollment charter school or the |
|
|
University Interscholastic League as a result of reporting a |
|
|
violation of this section. |
|
|
(e) A school district or open-enrollment charter school may |
|
|
bring an action for relief as provided by Subsection (f) if the |
|
|
district or school suffers harm as a result of a violation of this |
|
|
section by the University Interscholastic League, a state agency, |
|
|
or a political subdivision of the state. |
|
|
(f) A student, school district, or open-enrollment charter |
|
|
school that brings an action for relief under this section may |
|
|
receive: |
|
|
(1) injunctive relief to compel the applicable entity |
|
|
to comply with this section; |
|
|
(2) compensatory damages; and |
|
|
(3) court costs and reasonable attorney's fees. |
|
|
(g) An action under this section must be brought not later |
|
|
than two years after the date on which the conduct giving rise to |
|
|
the action is alleged to have occurred. |
|
|
SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.980 to read as follows: |
|
|
Sec. 51.980. SEPARATION OF ATHLETICS TEAMS BASED ON |
|
|
BIOLOGICAL SEX. (a) In this section, "institution of higher |
|
|
education" has the meaning assigned by Section 61.003. |
|
|
(b) Each interscholastic, intramural, or other |
|
|
extracurricular athletic team sponsored by an institution of higher |
|
|
education shall be designated for participation by: |
|
|
(1) only students of the same biological sex; or |
|
|
(2) students of both biological sexes. |
|
|
(c) A biologically male student may not participate in an |
|
|
athletic team described by Subsection (b) that is designated for |
|
|
participation by only biologically female students. |
|
|
(d) A state agency or political subdivision of the state may |
|
|
not take adverse action against an institution of higher education |
|
|
for complying with this section. |
|
|
(e) A student may bring an action for relief as provided by |
|
|
Subsection (g) if the student is: |
|
|
(1) deprived of an athletic opportunity or suffers |
|
|
harm as a result of a violation of this section by an institution of |
|
|
higher education; or |
|
|
(2) subject to retaliation or other adverse action by |
|
|
an institution of higher education as a result of reporting a |
|
|
violation of this section. |
|
|
(f) An institution of higher education may bring an action |
|
|
for relief as provided by Subsection (g) if the institution suffers |
|
|
harm as a result of a violation of this section by a state agency or |
|
|
political subdivision of the state. |
|
|
(g) A student or institution of higher education that brings |
|
|
an action for relief under this section may receive: |
|
|
(1) injunctive relief to compel the applicable entity |
|
|
to comply with this section; |
|
|
(2) compensatory damages; and |
|
|
(3) court costs and reasonable attorney's fees. |
|
|
(h) An action under this section must be brought not later |
|
|
than two years after the date on which the conduct giving rise to |
|
|
the action is alleged to have occurred. |
|
|
SECTION 3. (a) Section 33.0815, Education Code, as added by |
|
|
this Act, applies beginning with the 2021-2022 school year. |
|
|
(b) Section 51.980, Education Code, as added by this Act, |
|
|
applies beginning with the 2021-2022 academic year. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect on the 91st day after the last day of the |
|
|
legislative session. |