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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain gender-affirming therapy and |
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counseling to children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. GENDER-AFFIRMING THERAPY AND COUNSELING FOR CHILDREN |
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Sec. 161.701. DEFINITIONS. In this subchapter: |
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(1) "Child" means an individual who is younger than 18 |
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years of age. |
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(2) "Governmental entity" means this state, a |
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political subdivision of this state, or an agency of this state or a |
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political subdivision of this state. |
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(3) "Mental health provider" means a person licensed |
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by this state to provide professional therapy or counseling |
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services. |
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Sec. 161.702. PROVISION OF CERTAIN GENDER-AFFIRMING |
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THERAPY AND COUNSELING TO CHILDREN. (a) A mental health provider |
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may not provide gender-affirming therapy or counseling to a child |
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to treat gender dysphoria if the purpose of the therapy or |
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counseling is to affirm a gender that is inconsistent with the |
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child's biological sex, as determined by the sex organs, |
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chromosomes, and endogenous profiles of the child. |
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(b) A governmental entity may not prohibit or restrict in |
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any manner a mental health provider from providing gender-affirming |
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therapy or counseling to a child for the purpose of affirming the |
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gender of the child that is consistent with the child's biological |
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sex, as determined by the sex organs, chromosomes, and endogenous |
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profiles of the child, including therapy or counseling to help |
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achieve the child's objectives of reducing, resolving, or |
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addressing behaviors, mannerisms, or expressions related to gender |
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identity or dysphoria. |
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Sec. 161.703. INJUNCTIVE RELIEF. (a) A mental health |
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provider who is prohibited or restricted from providing |
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gender-affirming therapy or counseling to a child in violation of |
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Section 161.702(b) or the child who is the subject of the violation |
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may bring an action in a district court in the county in which the |
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violation occurred for injunctive relief to prevent further |
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violation of that subsection. |
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(b) A claimant may recover reasonable expenses incurred in |
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bringing an action under this section, including court costs, |
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attorney's fees, investigation costs, witness fees, and deposition |
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expenses. |
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SECTION 2. This Act takes effect December 1, 2021. |