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A BILL TO BE ENTITLED
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AN ACT
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relating to interscholastic athletic competition based on |
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biological sex, requirements for physical examinations and genetic |
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testing in interscholastic athletics, and the adoption of rules by |
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the University Interscholastic League to implement these |
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requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 33, Education Code, |
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Section 33.0834 is amended to read as follows: |
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Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED |
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ON BIOLOGICAL SEX. (a) Except as provided by Subsection (c) [(b)], |
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an interscholastic athletic team sponsored or authorized by a |
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school district or open-enrollment charter school may not allow a |
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student to compete in an interscholastic athletic competition |
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sponsored or authorized by the district or school 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 (d) [(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. |
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(b) A student may not compete in an interscholastic athletic |
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competition designated for a particular biological sex if the |
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student's chromosomal sex does not match the biological sex |
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assigned at birth as described in subsection (a). This |
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determination shall be made based on clinical evidence, including |
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genetic testing results provided by a licensed medical professional |
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under Section 33.098. |
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(c) [(b)] An interscholastic athletic team described by |
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Subsection (a) may allow a female student to compete in an |
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interscholastic athletic competition that is designated for male |
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students if a corresponding interscholastic athletic competition |
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designated for female students is not offered or available. |
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(d) [(c)] For purposes of this section, a statement of a |
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student's biological sex on the student's official birth |
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certificate is considered to have correctly stated the student's |
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biological sex 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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(e) [(d)] The University Interscholastic League shall adopt |
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rules to implement this section, provided that the rules must be |
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approved by the commissioner in accordance with Section 33.083(b). |
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The rules must ensure compliance with state and federal law |
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regarding the confidentiality of student medical information, |
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including Chapter 181, Health and Safety Code, and the Health |
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Insurance Portability and Accountability Act of 1996 (42 U.S.C. |
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Section 1320d et seq.). |
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SECTION 2. Subchapter D, Chapter 33, Education Code, is |
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amended by adding Section 33.098 to read as follows: |
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Sec. 33.098. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND |
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GENETIC TESTING IN INTERSCHOLASTIC ATHLETICS. (a) A licensed |
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physician conducting a physical examination for a student seeking |
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to participate in an interscholastic athletic activity must not |
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approve the Physical Examination Form if the licensed physician, |
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based on their expertise, reasonably suspects that the student's |
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chromosomal makeup is inconsistent with the biological sex assigned |
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to the student at birth. |
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(b) If a licensed physician suspects a student has |
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chromosomal characteristics that are different from the biological |
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sex assigned at birth, the licensed physician must refer the |
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student for genetic testing to confirm the student's chromosomal |
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sex. |
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(c) The University Interscholastic League (UIL) shall adopt |
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rules as necessary to administer this chapter. These rules must |
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include procedures for ensuring that physical examinations are |
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conducted properly, including provisions for addressing cases |
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where a physician suspects a discrepancy between a student's |
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assigned sex at birth and their chromosomal sex. |
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(e) This chapter does not create a cause of action or |
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liability, nor does it establish a standard of care, obligation, or |
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duty that provides a basis for a cause of action or liability |
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against any licensed health care professional, the University |
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Interscholastic League, a school district, or any district officer |
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or employee for an injury or death of a student participating in or |
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practicing for an athletic activity sponsored or sanctioned by the |
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University Interscholastic League based on or in connection with |
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the administration or interpretation of this section. |
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SECTION 3. This Act applies beginning with the 2025-2026 |
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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 on the 60th day after the last day of the |
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legislative session. |