| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring public school and public institution of |
|
|
higher education students to participate in interscholastic |
|
|
athletic activities 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 PARTICIPATION 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 participate in an interscholastic athletic activity sponsored or |
|
|
authorized by the district or school that is designated for the |
|
|
biological sex opposite to the student's biological sex as |
|
|
determined at the student's birth and correctly stated on the |
|
|
student's official birth certificate. |
|
|
(b) An interscholastic athletic team described by |
|
|
Subsection (a) may allow a female student to participate in an |
|
|
interscholastic athletic activity that is designated for male |
|
|
students if a corresponding interscholastic athletic activity |
|
|
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 as |
|
|
determined at the student's birth if the statement was: |
|
|
(1) entered at or near the time of the student's birth, |
|
|
as determined by University Interscholastic League rule; or |
|
|
(2) modified to correct a clerical error in the |
|
|
student's biological sex. |
|
|
SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.980 to read as follows: |
|
|
Sec. 51.980. INTERSCHOLASTIC ATHLETIC PARTICIPATION 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 |
|
|
participate in an interscholastic athletic activity sponsored or |
|
|
authorized by the institution that is designated for the biological |
|
|
sex opposite to the student's biological sex as determined at the |
|
|
student's birth and correctly stated on the student's official |
|
|
birth certificate. |
|
|
(c) An interscholastic athletic team described by |
|
|
Subsection (b) may allow a female student to participate in an |
|
|
interscholastic athletic activity that is designated for male |
|
|
students if a corresponding interscholastic athletic activity |
|
|
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 as |
|
|
determined at the student's birth if the statement was: |
|
|
(1) entered at or near the time of the student's birth, |
|
|
as determined by Texas Higher Education Coordinating Board rule; or |
|
|
(2) modified to correct a clerical error in the |
|
|
student's biological sex. |
|
|
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. 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. |