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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to requiring public school students to participate in  | 
         
         
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            interscholastic athletic activities based on biological sex. | 
         
         
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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 Section 33.0832 to read as follows: | 
         
         
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                   Sec. 33.0832.  INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED  | 
         
         
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            ON BIOLOGICAL SEX.  (a)  Except as provided by Subsection (b), an  | 
         
         
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            interscholastic athletic team sponsored or authorized by a school  | 
         
         
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            district or open-enrollment charter school may not allow a student  | 
         
         
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            to participate in an interscholastic athletic activity sponsored or  | 
         
         
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            authorized by the district or school that is designated for the  | 
         
         
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            biological sex opposite to the student's biological sex as assigned  | 
         
         
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            at the student's birth and correctly stated on the student's  | 
         
         
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            official birth certificate. | 
         
         
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                   (b)  An interscholastic athletic team described by  | 
         
         
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            Subsection (a) may allow a female student to participate in an  | 
         
         
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            interscholastic athletic activity that is designated for male  | 
         
         
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            students if a corresponding interscholastic athletic activity  | 
         
         
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            designated for female students is not offered or available. | 
         
         
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                   (c)  For purposes of this section, a statement of a student's  | 
         
         
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            biological sex on the student's official birth certificate is  | 
         
         
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            considered to have correctly stated the student's biological sex as  | 
         
         
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            assigned at the student's birth if the statement was: | 
         
         
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                         (1)  entered at or near the time of the student's birth,  | 
         
         
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            as determined by University Interscholastic League rule; or | 
         
         
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                         (2)  modified to correct a clerical error in the  | 
         
         
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            student's biological sex. | 
         
         
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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. |