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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 an individual by health care providers and certain entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 105, Occupations Code, is amended by |
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adding Section 105.003 to read as follows: |
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Sec. 105.003. CONVERSION THERAPY PROHIBITED. (a) In this |
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section: |
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(1) "Conversion therapy" means a practice or treatment |
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provided to an individual by a health care provider that seeks to: |
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(A) change the individual's sexual orientation, |
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including by attempting to change the individual's behavior or |
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gender identity or expression; or |
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(B) eliminate or reduce the individual's sexual |
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or romantic attractions or feelings toward individuals of the same |
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sex. |
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(2) "Gender identity or expression" means an |
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individual's having, or being perceived as having, a gender-related |
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identity, appearance, expression, or behavior, whether or not that |
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identity, appearance, expression, or behavior is different from |
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that commonly associated with the individual's assigned sex at |
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birth. |
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(3) "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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(b) This section does not apply to health care services that |
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provide acceptance, support, and understanding of an individual or |
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facilitate an individual's coping, social support, and identity |
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exploration and development, including sexual orientation-neutral |
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interventions to prevent or address unlawful conduct or unsafe |
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sexual practices, if that health care service does not seek to |
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change sexual orientation or gender identity or expression. |
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(c) A health care provider may not, in the course of |
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providing services to an individual, provide conversion therapy. |
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(d) A health care provider who provides conversion therapy |
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in violation of Subsection (c) 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 health care provider. |
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(e) To the extent allowed by law, a nonprofit entity that |
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permits a health care provider or an individual who is not licensed |
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as a health care provider under this title or any other law to |
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provide conversion therapy through the entity is subject to: |
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(1) termination by the secretary of state to the same |
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extent and in the same manner as provided under Section 11.251, |
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Business Organizations Code; and |
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(2) loss of an exemption from the franchise tax under |
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Section 171.063(a), Tax Code. |
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SECTION 2. Section 105.003, Occupations Code, as added by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |