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A BILL TO BE ENTITLED
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AN ACT
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relating to separation of students based on gender for athletics |
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teams sponsored or authorized by a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Sections 33.0815 and 33.0821 to read as follows: |
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Sec. 33.0815. SEPARATION OF ATHLETICS TEAMS BASED ON |
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GENDER. (a) In this section, "athletic team" means an |
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interscholastic, intramural, or other extracurricular athletic |
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team. |
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(b) A school district or open-enrollment charter school may |
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not sponsor or authorize an athletic team for cross-country, golf, |
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swimming, tennis, track-and-field, or wrestling that is designated |
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for participation by both male and female students. |
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(c) Except as provided by Subsection (d), an athletic team |
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sponsored or authorized by a school district or open-enrollment |
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charter school may not allow a student to participate in an athletic |
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activity sponsored or authorized by the district or school that is |
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designated for the gender opposite to the student's gender. |
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(d) An athletic team may allow a female student to |
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participate in: |
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(1) a basketball or soccer athletic activity |
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designated for male students, if a corresponding basketball or |
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soccer athletic activity designated for female students is not |
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offered; |
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(2) a football athletic activity designated for |
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middle, junior high, or high school students; or |
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(3) a baseball athletic activity, if the student is |
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not participating in any softball athletic activities designated |
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for female students during the same time period. |
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(e) An athletic team for team tennis designated for |
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participation by both male and female students that is sponsored or |
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authorized by a school district or open-enrollment charter school |
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may not permit male students to qualify for positions on the team |
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designated for female students or female students to qualify for |
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positions on the team designated for male students. |
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(f) An athletic team for wrestling that is sponsored by a |
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school district or open-enrollment charter school may not permit |
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male students to compete against female students in an athletic |
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activity held in this state or in any other state in which both |
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athletic teams designated for male students and athletic teams |
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designated for female students are sponsored or authorized. |
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(g) For purposes of this section, a student's gender is |
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determined based on the gender identified on the student's birth |
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certificate or, if the student's birth certificate is unavailable, |
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a similar government document, as determined by commissioner rule. |
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Sec. 33.0821. NONDISCRIMINATION POLICY FOR ATHLETICS. |
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Except as provided by Section 33.0815, an interscholastic, |
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intramural, or other extracurricular athletic team sponsored or |
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authorized by a school district or open-enrollment charter school |
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may not discriminate on the basis of disability, race, color, |
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national origin, gender, or religion in holding tryouts for or |
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selecting students to participate on the team. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |