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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of the provision of conversion therapy |
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to a child by certain providers; creating a criminal offense; |
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increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 105, Occupations Code, is |
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amended to read as follows: |
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CHAPTER 105. |
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UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH
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CARE PROVIDER] |
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SECTION 2. Chapter 105, Occupations Code, is amended by |
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designating Sections 105.001 and 105.002 as Subchapter A and adding |
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a subchapter heading to read as follows: |
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SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDER |
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SECTION 3. Section 105.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 105.001. DEFINITION. In this subchapter [chapter], |
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"certain provider" means a person who furnishes services to |
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diagnose, prevent, alleviate, or cure a human illness or injury. |
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SECTION 4. Chapter 105, Occupations Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. PROHIBITED CONDUCT BY CERTAIN PROVIDER |
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Sec. 105.051. DEFINITIONS. In this subchapter: |
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(1) "Child" means an individual younger than 18 years |
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of age. |
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(2) "Conversion therapy" means a practice or treatment |
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provided to a child by a mental health provider that seeks to: |
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(A) change the child's sexual orientation, |
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including by attempting to change the child's behavior or gender |
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identity or expression; or |
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(B) eliminate or reduce the child's sexual or |
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romantic attractions or feelings toward individuals of the same |
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sex. |
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(3) "Gender identity or expression" means a person's |
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having, or being perceived as having, a gender-related identity, |
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appearance, expression, or behavior, whether or not that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's assigned sex at birth. |
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(4) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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Sec. 105.052. APPLICABILITY OF SUBCHAPTER. This subchapter |
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does not apply to counseling that provides acceptance, support, and |
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understanding of a child or facilitates a child's coping, social |
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support, and identity exploration and development, including |
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sexual orientation-neutral interventions to prevent or address |
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unlawful conduct or unsafe sexual practices, if that counseling |
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does not seek to change sexual orientation or gender identity or |
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expression. |
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Sec. 105.053. PROHIBITED CONDUCT. (a) A certain provider |
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may not, in the course of providing services to a child, provide |
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conversion therapy. |
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(b) A certain provider who provides conversion therapy in |
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violation of Subsection (a) is subject to disciplinary action by |
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any state regulatory entity with the power to take disciplinary |
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action against that mental health provider. |
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Sec. 105.054. CRIMINAL OFFENSE. (a) A certain provider |
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commits an offense if the provider violates Section 105.053. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.502 to read as follows: |
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Sec. 12.502. PENALTY IF OFFENSE COMMITTED WHILE PROVIDING |
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CONVERSION THERAPY TO CHILD. (a) Subject to Subsection (c), the |
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punishment for an offense described by Subsection (b) is increased |
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to the punishment prescribed for the next higher category of |
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offense if it is shown on the trial of the offense that the offense |
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was committed during the provision of conversion therapy to a child |
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in violation of Section 105.053, Occupations Code. |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under Chapter 21 or 22. |
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(c) This section does not apply to an offense for which the |
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punishment otherwise prescribed is the punishment for a first |
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degree felony or capital felony. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |