By: Swanson H.B. No. 274
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring public school and public institution of
  higher education students to compete in interscholastic athletic
  competitions based on biological sex.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.0834 to read as follows:
         Sec. 33.0834.  INTERSCHOLASTIC ATHLETIC COMPETITION BASED
  ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
  interscholastic athletic team sponsored or authorized by a school
  district or open-enrollment charter school may not allow a student
  to compete on the team in an interscholastic athletic competition
  sponsored or authorized by the district or school that is
  designated for the biological sex opposite to the student's
  biological sex as correctly stated on:
               (1)  the student's official birth certificate, as
  described by Subsection (c); or
               (2)  if the student's official birth certificate
  described by Subdivision (1) is unobtainable, another government
  record.
         (b)  An interscholastic athletic team described by
  Subsection (a) may allow a female student to compete in an
  interscholastic athletic competition that is designated for male
  students if a corresponding interscholastic athletic competition
  designated for female students is not offered or available.
         (c)  For purposes of this section, a statement of a student's
  biological sex on the student's official birth certificate is
  considered to have correctly stated the student's biological sex
  only if the statement was:
               (1)  entered at or near the time of the student's birth;
  or
               (2)  modified to correct a clerical error in the
  student's biological sex.
         (d)  The University Interscholastic League shall adopt rules
  to implement this section, provided that the rules must be approved
  by the commissioner in accordance with Section 33.083(b).
         (e)  A student who attends a school district or
  open-enrollment charter school that sponsors or authorizes an
  interscholastic athletic team that violates this section may bring
  a civil action against the district or school if the student is
  directly harmed by the violation. The student may obtain:
               (1)  injunctive relief; and
               (2)  court costs and reasonable attorney's fees.
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.980 to read as follows:
         Sec. 51.980.  INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON
  BIOLOGICAL SEX. (a) In this section, "institution of higher
  education" has the meaning assigned by Section 61.003.
         (b)  Except as provided by Subsection (c), an
  interscholastic athletic team sponsored or authorized by an
  institution of higher education may not allow a student to compete
  on the team in an interscholastic athletic competition sponsored or
  authorized by the institution that is designated for the biological
  sex opposite to the student's biological sex as correctly stated
  on:
               (1)  the student's official birth certificate, as
  described by Subsection (d); or
               (2)  if the student's official birth certificate
  described by Subdivision (1) is unobtainable, another government
  record.
         (c)  An interscholastic athletic team described by
  Subsection (b) may allow a female student to compete in an
  interscholastic athletic competition that is designated for male
  students if a corresponding interscholastic athletic competition
  designated for female students is not offered or available.
         (d)  For purposes of this section, a statement of a student's
  biological sex on the student's official birth certificate is
  considered to have correctly stated the student's biological sex
  only if the statement was:
               (1)  entered at or near the time of the student's birth;
  or
               (2)  modified to correct a clerical error in the
  student's biological sex.
         (e)  A student who attends an institution of higher education
  that sponsors or authorizes an interscholastic athletic team that
  violates this section may bring a civil action against the
  institution if the student is directly harmed by the violation. The
  student may obtain:
               (1)  injunctive relief; and
               (2)  court costs and reasonable attorney's fees.
         SECTION 3.  (a) Section 33.0834, 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.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are declared to be severable.
         SECTION 5.  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.