87R8302 JG-D
 
  By: Hall S.B. No. 1311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of and professional liability insurance
  coverage for gender transitioning or gender reassignment medical
  procedures and treatments for certain 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 TRANSITIONING AND GENDER REASSIGNMENT
  PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
         Sec. 161.701.  DEFINITIONS. In this subchapter:
               (1)  "Child" means an individual who is younger than 18
  years of age.
               (2)  "Health care provider" means a person other than a
  physician who is licensed, certified, or otherwise authorized by
  the laws of this state to provide or render health care or to
  dispense or prescribe a prescription drug in the ordinary course of
  business or practice of a profession.
               (3)  "Physician" means a person licensed to practice
  medicine in this state.
         Sec. 161.702.  PROHIBITED PROVISION OF GENDER TRANSITIONING
  OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
  CHILDREN. For the purpose of transitioning a child's biological
  sex as determined by the sex organs, chromosomes, and endogenous
  profiles of the child or affirming the child's perception of the
  child's sex if that perception is inconsistent with the child's
  biological sex, a physician or other health care provider may not:
               (1)  perform a surgery that sterilizes the child,
  including:
                     (A)  castration;
                     (B)  vasectomy;
                     (C)  hysterectomy;
                     (D)  oophorectomy;
                     (E)  metoidioplasty;
                     (F)  orchiectomy;
                     (G)  penectomy;
                     (H)  phalloplasty; and
                     (I)  vaginoplasty;
               (2)  perform a mastectomy;
               (3)  prescribe, administer, or supply any of the
  following medications that induce transient or permanent
  infertility:
                     (A)  puberty-blocking medication to stop or delay
  normal puberty;
                     (B)  supraphysiologic doses of testosterone to
  females; or
                     (C)  supraphysiologic doses of estrogen to males;
  or
               (4)  remove any otherwise healthy or non-diseased body
  part or tissue.
         Sec. 161.703.  EXCEPTIONS. The prohibitions under Section
  161.702 do not apply to the provision by a physician or other health
  care provider, with the consent of the child's parent or legal
  guardian, of appropriate and medically necessary gender
  transitioning or gender reassignment procedures or treatments to a
  child who:
               (1)  is born with a medically verifiable genetic
  disorder of sex development, including:
                     (A)  46, XX chromosomes with virilization;
                     (B)  46, XY chromosomes with undervirilization;
  or
                     (C)  both ovarian and testicular tissue; or
               (2)  does not have the normal sex chromosome structure
  for male or female as determined by a physician through genetic
  testing.
         Sec. 161.704.  DISCIPLINARY ACTION.  The Texas Medical Board
  or another state regulatory agency with jurisdiction over a health
  care provider subject to Section 161.702 shall revoke the license,
  certification, or authorization of a physician or health care
  provider who the board or agency determines has violated that
  section.
         SECTION 2.  Subchapter F, Chapter 1901, Insurance Code, is
  amended by adding Section 1901.256 to read as follows:
         Sec. 1901.256.  PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
  GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
  professional liability insurance policy issued to a physician or
  health care provider may not include coverage for damages assessed
  against the physician or health care provider who provides to a
  child gender transitioning or gender reassignment procedures or
  treatments that are prohibited by Section 161.702, Health and
  Safety Code.
         SECTION 3.  Section 1901.256, Insurance Code, as added by
  this Act, applies only to a medical professional liability
  insurance policy that is delivered, issued for delivery, or renewed
  on or after January 1, 2022. An insurance policy that is delivered,
  issued for delivery, or renewed before January 1, 2022, is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 4.  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 September 1, 2021.