| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring a student of a public institution of higher |
|
|
education who competes in intercollegiate athletic competitions to |
|
|
do so based on the student's biological sex. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.980 to read as follows: |
|
|
Sec. 51.980. INTERCOLLEGIATE ATHLETIC COMPETITION BASED ON |
|
|
BIOLOGICAL SEX. (a) In this section, "institution of higher |
|
|
education" has the meaning assigned by Section 61.003. |
|
|
(b) Except as provided by Subsection (c), an |
|
|
intercollegiate athletic team sponsored or authorized by an |
|
|
institution of higher education may not allow a student to compete |
|
|
on the team in an intercollegiate athletic competition sponsored or |
|
|
authorized by the institution that is designated for the biological |
|
|
sex opposite to the student's biological sex as correctly stated |
|
|
on: |
|
|
(1) the student's official birth certificate, as |
|
|
described by Subsection (d); or |
|
|
(2) if the student's official birth certificate |
|
|
described by Subdivision (1) is unobtainable, another government |
|
|
record that accurately states the student's biological sex. |
|
|
(c) An intercollegiate athletic team described by |
|
|
Subsection (b) may allow a female student to compete in an |
|
|
intercollegiate athletic competition that is designated for male |
|
|
students if a corresponding intercollegiate athletic competition |
|
|
designated for female students is not offered or available. |
|
|
(d) For purposes of this section, a statement of a student's |
|
|
biological sex on the student's official birth certificate is |
|
|
considered to have correctly stated the student's biological sex |
|
|
only if the statement was: |
|
|
(1) entered at or near the time of the student's birth; |
|
|
or |
|
|
(2) modified to correct a scrivener or clerical error |
|
|
in the student's biological sex. |
|
|
(e) An institution of higher education or an |
|
|
intercollegiate athletic team described by Subsection (b) may not |
|
|
retaliate against a person for reporting a violation of this |
|
|
section. |
|
|
(f) The Texas Higher Education Coordinating Board shall |
|
|
adopt rules to implement this section. The rules must ensure |
|
|
compliance with state and federal law regarding the confidentiality |
|
|
of student medical information, including Chapter 181, Health and |
|
|
Safety Code, and the Health Insurance Portability and |
|
|
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.). |
|
|
(g) A person may bring an action for injunctive relief for a |
|
|
violation of this section. |
|
|
SECTION 2. This Act applies to any intercollegiate athletic |
|
|
competition sponsored or authorized by a public institution of |
|
|
higher education that occurs on or after the effective date of this |
|
|
Act. |
|
|
SECTION 3. 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, 2023. |