By: Hall S.B. No. 15
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain gender-affirming therapy and
  counseling to children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Health and Safety Code, is amended
  by adding Subchapter X to read as follows:
  SUBCHAPTER X. GENDER-AFFIRMING THERAPY AND COUNSELING FOR CHILDREN
         Sec. 161.701.  DEFINITIONS. In this subchapter:
               (1)  "Child" means an individual who is younger than 18
  years of age.
               (2)  "Governmental entity" means this state, a
  political subdivision of this state, or an agency of this state or a
  political subdivision of this state.
               (3)  "Mental health provider" means a person licensed
  by this state to provide professional therapy or counseling
  services.
         Sec. 161.702.  PROVISION OF CERTAIN GENDER-AFFIRMING
  THERAPY AND COUNSELING TO CHILDREN. (a) A mental health provider
  may not provide gender-affirming therapy or counseling to a child
  to treat gender dysphoria if the purpose of the therapy or
  counseling is to affirm a gender that is inconsistent with the
  child's biological sex, as determined by the sex organs,
  chromosomes, and endogenous profiles of the child.
         (b)  A governmental entity may not prohibit or restrict in
  any manner a mental health provider from providing gender-affirming
  therapy or counseling to a child for the purpose of affirming the
  gender of the child that is consistent with the child's biological
  sex, as determined by the sex organs, chromosomes, and endogenous
  profiles of the child, including therapy or counseling to help
  achieve the child's objectives of reducing, resolving, or
  addressing behaviors, mannerisms, or expressions related to gender
  identity or dysphoria.
         Sec. 161.703.  INJUNCTIVE RELIEF. (a) A mental health
  provider who is prohibited or restricted from providing
  gender-affirming therapy or counseling to a child in violation of
  Section 161.702(b) or the child who is the subject of the violation
  may bring an action in a district court in the county in which the
  violation occurred for injunctive relief to prevent further
  violation of that subsection.
         (b)  A claimant may recover reasonable expenses incurred in
  bringing an action under this section, including court costs,
  attorney's fees, investigation costs, witness fees, and deposition
  expenses.
         SECTION 2.  This Act takes effect December 1, 2021.