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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring public institution of higher education |
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students who compete in intercollegiate athletic competitions to |
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compete 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 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. INTERCOLLEGIATE 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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intercollegiate 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 intercollegiate 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 that accurately states the student's biological sex. |
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(c) An intercollegiate athletic team described by |
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Subsection (b) may allow a female student to compete in an |
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intercollegiate athletic competition that is designated for male |
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students if a corresponding intercollegiate 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 scrivener or clerical error |
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in the student's biological sex. |
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(e) An institution of higher education or an |
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intercollegiate athletic team described by Subsection (b) may not |
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retaliate against a person for reporting a violation of this |
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section. |
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(f) A person may bring a civil action for injunctive relief |
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against an institution of higher education or an intercollegiate |
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athletic team described by Subsection (b) that violates this |
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section. |
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(g) The Texas Higher Education Coordinating Board shall |
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adopt rules to implement this section. The rules must ensure |
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compliance with state and federal law regarding the confidentiality |
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of student medical information, including Chapter 181, Health and |
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Safety Code, and the Health Insurance Portability and |
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Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.). |
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SECTION 2. This Act applies to any intercollegiate athletic |
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competition sponsored or authorized by a public institution of |
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higher education that occurs on or after the effective date of this |
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Act. |
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SECTION 3. 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 September 1, 2023. |