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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain criminal offenses to the |
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provision of gender-affirming care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.12, Penal Code, is amended to read as |
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follows: |
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Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. (a) This |
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chapter does not apply to conduct charged as having been committed |
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against an individual who is an unborn child if the conduct is: |
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(1) committed by the mother of the unborn child; |
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(2) a lawful medical procedure performed by a |
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physician or other health care provider with the requisite consent; |
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(3) a lawful medical procedure performed by a |
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physician or other licensed health care provider with the requisite |
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consent as part of an assisted reproduction as defined by Section |
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160.102, Family Code; or |
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(4) the dispensation of a drug in accordance with law |
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or administration of a drug prescribed in accordance with law. |
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(b) This chapter does not apply to conduct charged as having |
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been committed against an individual if the conduct is the |
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provision of gender-affirming care, including the dispensation of a |
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drug, in accordance with state and federal law and performed by a |
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physician or other health care provider with the requisite consent. |
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(c) In this section, "gender-affirming care" means health |
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care services provided for the purpose of affirming an individual's |
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perception of the individual's sex if that perception is |
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inconsistent with the individual's biological sex. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |