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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring public school and public institution of |
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higher education students to compete in interscholastic athletic |
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competitions based on biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.0834 to read as follows: |
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Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED |
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ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an |
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interscholastic athletic team sponsored or authorized by a school |
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district or open-enrollment charter school may not allow a student |
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to compete on the team in an interscholastic athletic competition |
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sponsored or authorized by the district or school that is |
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designated for the biological sex opposite to the student's |
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biological sex as correctly stated on: |
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(1) the student's official birth certificate, as |
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described by Subsection (c); or |
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(2) if the student's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record. |
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(b) An interscholastic athletic team described by |
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Subsection (a) may allow a female student to compete in an |
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interscholastic athletic competition that is designated for male |
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students if a corresponding interscholastic athletic competition |
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designated for female students is not offered or available. |
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(c) For purposes of this section, a statement of a student's |
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biological sex on the student's official birth certificate is |
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considered to have correctly stated the student's biological sex |
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only if the statement was: |
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(1) entered at or near the time of the student's birth; |
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or |
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(2) modified to correct a clerical error in the |
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student's biological sex. |
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(d) The University Interscholastic League shall adopt rules |
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to implement this section, provided that the rules must be approved |
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by the commissioner in accordance with Section 33.083(b). |
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(e) A student who attends a school district or |
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open-enrollment charter school that sponsors or authorizes an |
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interscholastic athletic team that violates this section may bring |
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a civil action against the district or school if the student is |
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directly harmed by the violation. The student may obtain: |
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(1) injunctive relief; and |
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(2) court costs and reasonable attorney's fees. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.980 to read as follows: |
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Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON |
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BIOLOGICAL SEX. (a) In this section, "institution of higher |
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education" has the meaning assigned by Section 61.003. |
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(b) Except as provided by Subsection (c), an |
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interscholastic athletic team sponsored or authorized by an |
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institution of higher education may not allow a student to compete |
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on the team in an interscholastic athletic competition sponsored or |
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authorized by the institution that is designated for the biological |
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sex opposite to the student's biological sex as correctly stated |
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on: |
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(1) the student's official birth certificate, as |
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|
described by Subsection (d); or |
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(2) if the student's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record. |
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|
(c) An interscholastic athletic team described by |
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Subsection (b) may allow a female student to compete in an |
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|
interscholastic athletic competition that is designated for male |
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|
students if a corresponding interscholastic athletic competition |
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|
designated for female students is not offered or available. |
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|
(d) For purposes of this section, a statement of a student's |
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biological sex on the student's official birth certificate is |
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considered to have correctly stated the student's biological sex |
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only if the statement was: |
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(1) entered at or near the time of the student's birth; |
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or |
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(2) modified to correct a clerical error in the |
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|
student's biological sex. |
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(e) A student who attends an institution of higher education |
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that sponsors or authorizes an interscholastic athletic team that |
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violates this section may bring a civil action against the |
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institution if the student is directly harmed by the violation. The |
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student may obtain: |
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(1) injunctive relief; and |
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(2) court costs and reasonable attorney's fees. |
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SECTION 3. (a) Section 33.0834, Education Code, as added by |
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this Act, applies beginning with the 2021-2022 school year. |
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(b) Section 51.980, Education Code, as added by this Act, |
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applies beginning with the 2021-2022 academic year. |
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SECTION 4. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |