| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring public school and public institution of |
|
|
higher education students to compete in interscholastic athletic |
|
|
competitions 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 COMPETITION 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 compete on the team in an interscholastic athletic competition |
|
|
sponsored or authorized by the district or school that is |
|
|
designated for the biological sex opposite to the student's |
|
|
biological sex as correctly stated on: |
|
|
(1) the student's official birth certificate, as |
|
|
described by Subsection (c); or |
|
|
(2) if the student's official birth certificate |
|
|
described by Subdivision (1) is unobtainable, another government |
|
|
record. |
|
|
(b) An interscholastic athletic team described by |
|
|
Subsection (a) may allow a female student to compete in an |
|
|
interscholastic athletic competition that is designated for male |
|
|
students if a corresponding interscholastic athletic competition |
|
|
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 |
|
|
only if the statement was: |
|
|
(1) entered at or near the time of the student's birth; |
|
|
or |
|
|
(2) modified to correct a clerical error in the |
|
|
student's biological sex. |
|
|
(d) The University Interscholastic League shall adopt rules |
|
|
to implement this section, provided that the rules must be approved |
|
|
by the commissioner in accordance with Section 33.083(b). |
|
|
(e) A student who attends a school district or |
|
|
open-enrollment charter school that sponsors or authorizes an |
|
|
interscholastic athletic team that violates this section may bring |
|
|
a civil action against the district or school if the student is |
|
|
directly harmed by the violation. The student may obtain: |
|
|
(1) injunctive relief; and |
|
|
(2) court costs and reasonable attorney's fees. |
|
|
SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.980 to read as follows: |
|
|
Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION 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 compete |
|
|
on the team in an interscholastic athletic competition sponsored or |
|
|
authorized by the institution that is designated for the biological |
|
|
sex opposite to the student's biological sex as correctly stated |
|
|
on: |
|
|
(1) the student's official birth certificate, as |
|
|
described by Subsection (d); or |
|
|
(2) if the student's official birth certificate |
|
|
described by Subdivision (1) is unobtainable, another government |
|
|
record. |
|
|
(c) An interscholastic athletic team described by |
|
|
Subsection (b) may allow a female student to compete in an |
|
|
interscholastic athletic competition that is designated for male |
|
|
students if a corresponding interscholastic athletic competition |
|
|
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 |
|
|
only if the statement was: |
|
|
(1) entered at or near the time of the student's birth; |
|
|
or |
|
|
(2) modified to correct a clerical error in the |
|
|
student's biological sex. |
|
|
(e) A student who attends an institution of higher education |
|
|
that sponsors or authorizes an interscholastic athletic team that |
|
|
violates this section may bring a civil action against the |
|
|
institution if the student is directly harmed by the violation. The |
|
|
student may obtain: |
|
|
(1) injunctive relief; and |
|
|
(2) court costs and reasonable attorney's fees. |
|
|
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. If any provision of this Act or its application |
|
|
to any person or circumstance is held invalid, the invalidity does |
|
|
not affect other provisions or applications of this Act that can be |
|
|
given effect without the invalid provision or application, and to |
|
|
this end the provisions of this Act are declared to be severable. |
|
|
SECTION 5. 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. |