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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy prohibiting public school employees from |
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assisting a student with social transitioning and to the loss of |
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state funding for a violation 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. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED |
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Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL |
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TRANSITIONING PROHIBITED. (a) In this subchapter, "social |
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transitioning" means a person's transition from the gender identity |
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associated with the person's biological sex assigned at birth to an |
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alternative gender identity through the adoption of a different |
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name, different pronouns, or other expressions of gender, including |
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clothing and hairstyles, that are: |
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(1) typically associated with the biological sex |
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opposite of the person's biological sex assigned at birth; and |
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(2) intended to communicate the person's alternative |
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gender identity. |
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(b) The board of trustees of a school district shall adopt a |
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policy prohibiting an employee of the district from assisting a |
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student enrolled in the district with social transitioning, |
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including by providing any information about social transitioning |
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or providing guidelines intended to assist a person with social |
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transitioning. |
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(c) A parent of a student enrolled in the district or a |
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district employee may report to the board of trustees of the |
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district a suspected violation of the policy adopted under |
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Subsection (b). The board shall investigate any suspected |
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violation and determine whether the violation occurred. If the |
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board determines that a district employee has assisted a student |
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enrolled at the district with social transitioning, the board shall |
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immediately report the violation to the commissioner. |
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(d) If the commissioner finds on an appeal under Section |
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7.057 that a school district has violated this section, or if the |
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board of trustees of a district notifies the commissioner about a |
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violation of the district's policy adopted under Subsection (b), |
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notwithstanding any other law, the commissioner shall withhold the |
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funding to which the district is entitled under Chapters 46, 48, and |
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49 for the school year during which the violation occurred. The |
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commissioner may adjust the district's entitlement to funding under |
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those chapters for subsequent school years as necessary to recover |
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any state funding already paid to the district for the school year |
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in which the violation occurred. |
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SECTION 2. Section 12.104, Education Code, is amended by |
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adding Subsection (b-5) to read as follows: |
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(b-5) Section 11.401 applies to an open-enrollment charter |
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school as though the governing body of the school were the board of |
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trustees of a school district. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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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. |