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A BILL TO BE ENTITLED
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AN ACT
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relating to participation in athletic activities based on |
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biological sex; providing a civil right to action for K-12 athletes |
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and college athletes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the Save |
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Women's Sports Act. |
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SECTION 2. Section 33.0834, Texas Education Code, is |
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amended to read as follows: |
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Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION |
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PARTICIPATION BASED ON BIOLOGICAL SEX. (a) Except as provided by |
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Subsection (b), an interscholastic athletic team or sport sponsored |
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or authorized by a school district,or open-enrollment charter |
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school, or any private school that competes against a public school |
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may not allow a student to competeparticipate in an |
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interscholastic athletic competitionteam or sport 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 |
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correctly stated on: |
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(1) the student's official birth certificate, as |
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described by Subsection (c); or |
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(2) if the student's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record that accurately states the student's biological sex. |
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(b) An interscholastic athletic team or sport described by |
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Subsection (a) may allow a female student to competeparticipate in |
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an interscholastic athletic competitionteam or sport that is |
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designated for male students if a corresponding interscholastic |
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athletic competitionteam or sport designated for female students |
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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 |
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only if the statement was: |
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(1) entered at or near the time of the student's birth; |
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or |
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(2) modified to correct any type of scrivener or |
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clerical error in the student's biological sex. |
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(d) The University Interscholastic League shall adopt rules |
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to implement this section, provided that the rules must be approved |
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by the commissioner in accordance with Section 33.083(b). The |
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rules must ensure compliance with state and federal law regarding |
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the confidentiality of student medical information, including |
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Chapter 181, Health and Safety Code, and the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.). |
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(e) A student shall have a private cause of action for |
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injunctive relief, damages, attorneys' fees and cost, and any other |
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relief available under law if the student is: |
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(1) deprived of an athletic opportunity or suffers any |
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direct or indirect harm as a result of a school district, charter |
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school, or private school knowingly violating this Act; or |
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(2) subject to retaliation or other adverse action by |
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a school district, charter school, private school, the University |
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Interscholastic League, or any athletic association or |
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organization as a result of reporting a violation of this Act. |
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SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.982 to read as follows: |
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Sec. 51.982. ATHLETIC PARTICIPATION BASED ON BIOLOGICAL |
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SEX. (a) Except as provided by Subsection (b), an athletic team or |
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sport sponsored or authorized by a public institution of higher |
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education, public junior college, or any private institution or |
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private junior college that competes against a public institution |
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or public junior college may not allow a student to participate in |
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an athletic team or sport sponsored or authorized by the |
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institution of higher education or junior college that is |
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designated for the biological sex opposite to the student's |
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biological sex as correctly stated on: |
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(1) the student's official birth certificate, as |
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described by Subsection (c); or |
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(2) if the student's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record that accurately states the student's biological sex. |
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(b) An athletic team or sport described by Subsection (a) |
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may allow a female student to participate in an athletic team or |
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sport that is designated for male students if a corresponding |
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athletic team or sport designated for female students is not |
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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 |
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only if the statement was: |
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(1) entered at or near the time of the student's birth; |
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or |
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(2) modified to correct any type of scrivener or |
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clerical error in the student's biological sex. |
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(d) A student shall have a private cause of action for |
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injunctive relief, damages, attorneys' fees and cost, and any other |
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relief available under law if the student is: |
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(1) deprived of an athletic opportunity or suffers any |
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direct or indirect harm as a result of an institution of higher |
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education or junior college knowingly violating this Act; or |
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(2) subject to retaliation or other adverse action by |
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an institution of higher education, junior college, or any athletic |
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association or organization as a result of reporting a violation of |
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this Act. |
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SECTION 4. 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, 2023. |