Amend SB 1029 (senate committee printing) as follows:
(1) In SECTION 2 of the bill, in added Section 74B.005, Civil Practice and Remedies Code (page 2, line 30), between "EXCEPTIONS." and "Sections", insert "(a)".
(2) In SECTION 2 of the bill, immediately following added Section 74B.005, Civil Practice and Remedies Code (page 2, between lines 43 and 44), insert the following:
(b) Sections 74B.003 and 74B.004 do not apply to the provision by a physician or health care provider of a gender modification procedure or treatment to a person if:
(1) the person expresses that the person is transgender; and
(2) the person or, if the person is a child, the child and the child's parent or legal guardian have initiated a discussion about potential procedures and treatment options for gender transitioning before receiving the procedure or treatment.
(3) In SECTION 3 of the bill, in added Section 2273A.002, Government Code (page 2, line 54), between "TREATMENT." and "A", insert "(a)".
(4) In SECTION 3 of the bill, immediately following added Section 2273A.002, Government Code (page 2, between lines 56 and 57), insert the following:
(b) This section does not apply to the provision or administration of a gender modification procedure or treatment to a person if:
(1) the person expresses that the person is transgender; and
(2) the person or, if the person is a child, the child and the child's parent or legal guardian have initiated a discussion about potential procedures and treatment options for gender transitioning before receiving the procedure or treatment.
(5) In SECTION 4 of the bill, immediately following added Section 1372.003, Insurance Code (page 3, between lines 20 and 21), insert the following appropriately designated subsection:
( ) This section does not apply to the coverage by a health benefit plan of a gender modification procedure or treatment provided to a person if:
(1) the person expresses that the person is transgender; and
(2) the person or, if the person is a child, the child and the child's parent or legal guardian have initiated a discussion about potential procedures and treatment options for gender transitioning before receiving the procedure or treatment.
(6) Add the following appropriately numbered SECTIONS to the bill and renumber SECTIONS of the bill accordingly:
SECTION ____. The heading to Chapter 105, Occupations Code, is amended to read as follows:
CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH CARE PROVIDER]
SECTION ____. Chapter 105, Occupations Code, is amended by designating Sections 105.001 and 105.002 as Subchapter A and adding a subchapter heading to read as follows:
SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER
SECTION ____. Section 105.001, Occupations Code, is amended to read as follows:
Sec. 105.001. DEFINITION. In this subchapter [chapter], "health care provider" means a person who furnishes services under a license, certificate, registration, or other authority issued by this state or another state to diagnose, prevent, alleviate, or cure a human illness or injury.
SECTION ____. Chapter 105, Occupations Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER
Sec. 105.051. DEFINITIONS. In this subchapter:
(1) "Child" means an individual younger than 18 years of age.
(2) "Gender identity or expression" means an individual's having, or being perceived as having, a gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that commonly associated with the individual's assigned sex at birth.
(3) "Mental health provider" means:
(A) a behavior analyst licensed under Chapter 506;
(B) a chemical dependency counselor licensed under Chapter 504;
(C) a licensed professional counselor licensed under Chapter 503;
(D) a marriage and family therapist licensed under Chapter 502;
(E) a nurse licensed under Chapter 301;
(F) a physician licensed under Subtitle B;
(G) a psychologist licensed under Chapter 501;
(H) a sex offender treatment provider licensed under Chapter 110;
(I) a social worker licensed under Chapter 505;
(J) a special officer for offenders with mental impairments certified under Section 1701.404; or
(K) another individual licensed by this state to provide professional therapy or counseling services.
(4) "Sexual orientation" means the actual or perceived status of an individual with respect to the individual's sexuality.
Sec. 105.052. UNPROFESSIONAL CONDUCT. (a) A mental health provider engages in unprofessional conduct if, in the course of providing services to a child, the mental health provider attempts to:
(1) change the child's sexual orientation, including by attempting to change the child's behavior or gender identity or expression; or
(2) eliminate or reduce the child's sexual or romantic attractions or feelings toward individuals of the same sex.
(b) Subsection (a) does not apply to counseling that:
(1) provides acceptance, support, and understanding of a child or facilitates a child's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, if that counseling does not seek to change sexual orientation or gender identity or expression; or
(2) provides support to a child undergoing gender transition in accordance with established standards of care.
(c) A mental health provider who commits unprofessional conduct under Subsection (a) is subject to disciplinary action by any state regulatory entity with the power to take disciplinary action against that mental health provider.