BILL ANALYSIS

S.B. 1999

By: Hughes

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that there have been instances across the nation where teachers and professors have faced discipline, discrimination, and retaliation for using language to address students based on the student's biological sex. As reported by the Washington Post, a teacher in Loudoun County, Virginia, who spoke up at a school board meeting against a proposed school board policy that required teachers to refer to students by their preferred pronouns rather than those that aligned with their biological sex was placed on administrative leave. Additionally, CNN reported on a case in Ohio where Shawnee State University, a public institution, was sued by a professor who claimed that he was disciplined for refusing to use language to address students that was inconsistent with the biological sex of a student. NBC News also reported on a Wisconsin teacher's federal lawsuit relating to his termination due to his unwillingness to call two students by the students' preferred pronouns and preferred names. S.B. 1999 seeks to address this issue by prohibiting a public school district, open-enrollment charter school, or institution of higher education from disciplining, retaliating against, or otherwise discriminating against a student or district or school employee who addresses a student or district or school employee in terms consistent with the biological sex of the student or employee and by prohibiting a public employer from disciplining, retaliating against, or otherwise discriminating against an employee of the public employer who addresses another employee or person in terms consistent with the biological sex of the employee or person.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1999 amends the Education Code to prohibit a public school district or open-enrollment charter school from disciplining, retaliating against, or otherwise discriminating against a student or district or school employee who addresses a student or district or school employee in terms consistent with the biological sex of the student or employee. The bill prohibits these provisions from being construed to do the following:

· limit a district or charter school from adopting policies and procedures to prohibit and prevent bullying under applicable statutory provisions; and

· authorize a person to engage in conduct that constitutes harassment in violation of applicable Penal Code provisions.

S.B. 1999 prohibits a public institution of higher education from disciplining, retaliating against, or otherwise discriminating against a student or an employee of the institution who addresses a student or employee in terms consistent with the biological sex of the student or employee. The bill prohibits these provisions from being construed to authorize a student or an employee of the institution to engage in conduct that constitutes harassment in violation of applicable Penal Code provisions. The bill defines "institution of higher education" by reference to the Higher Education Coordinating Act of 1965.

S.B. 1999 amends the Government Code to prohibit a public employer from disciplining, retaliating against, or otherwise discriminating against an employee of the public employer who addresses another employee or person in terms consistent with the biological sex of the employee or person. The bill prohibits these provisions from being construed to authorize an employee of a public employer to engage in conduct that constitutes harassment in violation of applicable Penal Code provisions. The bill defines "public employer" by reference to statutory provisions relating to the right to express breast milk in the workplace.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.