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AN ACT
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relating to requiring public school students to compete in |
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interscholastic athletic 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. The legislature finds that: |
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(1) historically, boys participate in interscholastic |
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athletics at a higher rate than girls, and a noticeable disparity |
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continues between the athletic participation rates of students who |
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are girls and students who are boys in University Interscholastic |
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League member schools; |
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(2) courts have recognized a legitimate and important |
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governmental interest in redressing past discrimination against |
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girls in athletics on the basis of sex and promoting equality of |
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athletic opportunity between the sexes under Title IX of the |
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Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), a |
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federal civil rights statute; and |
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(3) courts have recognized that classification by sex |
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is the only feasible classification to promote the governmental |
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interest of providing for interscholastic athletic opportunities |
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for girls. |
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SECTION 2. The purpose of this Act is to further the |
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governmental interest of ensuring that sufficient interscholastic |
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athletic opportunities remain available for girls to remedy past |
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discrimination on the basis of sex. |
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SECTION 3. 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 in an interscholastic athletic competition sponsored or |
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authorized by the district or school that is designated for the |
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biological sex opposite to the student's biological sex as |
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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 any type of scrivener or |
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clerical error in the 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). The |
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rules must ensure compliance with state and federal law regarding |
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the confidentiality of student medical information, including |
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Chapter 181, Health and Safety Code, and the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.). |
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SECTION 4. This Act applies to any interscholastic athletic |
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competition sponsored or authorized by a school district or |
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open-enrollment charter school that occurs on or after the |
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effective date of this Act. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 25 was passed by the House on October |
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14, 2021, by the following vote: Yeas 76, Nays 54, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 25 on October 17, 2021, by the following vote: Yeas 76, Nays |
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61, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 25 was passed by the Senate, with |
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amendments, on October 15, 2021, by the following vote: Yeas 19, |
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Nays 12. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |