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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the provision to certain children of |
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gender transitioning or reassignment procedures and treatments and |
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gender-affirming therapy and counseling; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.701, Health and Safety Code, as |
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added by Chapter 335 (S.B. 14), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended by adding Subdivision (3-a) to |
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read as follows: |
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(3-a) "Non-physician mental health professional" has |
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the meaning assigned by Section 571.003. |
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SECTION 2. Section 161.702, Health and Safety Code, as |
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added by Chapter 335 (S.B. 14), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING |
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OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN |
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CHILDREN; CRIMINAL PENALTY. (a) For the purpose of transitioning |
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a child's biological sex as determined by the sex organs, |
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chromosomes, and endogenous profiles of the child or affirming the |
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child's perception of the child's sex if that perception is |
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inconsistent with the child's biological sex, a physician or health |
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care provider may not knowingly: |
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(1) perform a surgery that sterilizes the child, |
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including: |
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(A) castration; |
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(B) vasectomy; |
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(C) hysterectomy; |
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(D) oophorectomy; |
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(E) metoidioplasty; |
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(F) orchiectomy; |
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(G) penectomy; |
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(H) phalloplasty; and |
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(I) vaginoplasty; |
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(2) perform a mastectomy; |
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(3) provide, prescribe, administer, or dispense any of |
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the following prescription drugs that induce transient or permanent |
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infertility: |
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(A) puberty suppression or blocking prescription |
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drugs to stop or delay normal puberty; |
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(B) supraphysiologic doses of testosterone to |
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females; or |
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(C) supraphysiologic doses of estrogen to males; |
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or |
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(4) remove any otherwise healthy or non-diseased body |
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part or tissue. |
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(b) A person who violates this section commits an offense. |
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An offense under this section is a state jail felony. |
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SECTION 3. Subchapter X, Chapter 161, Health and Safety |
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Code, as added by Chapter 335 (S.B. 14), Acts of the 88th |
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Legislature, Regular Session, 2023, is amended by adding Sections |
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161.7035 and 161.7036 to read as follows: |
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Sec. 161.7035. PROHIBITED PROVISION OF GENDER-AFFIRMING |
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THERAPY AND COUNSELING; CRIMINAL PENALTY. (a) A non-physician |
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mental health professional may not provide gender-affirming |
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therapy or counseling to a child to treat gender dysphoria if the |
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purpose of the therapy or counseling is to affirm a gender |
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inconsistent with the child's biological sex, as determined by the |
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sex organs, chromosomes, and endogenous profiles of the child. |
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(b) A person who violates this section commits an offense. |
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An offense under this section is a state jail felony. |
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Sec. 161.7036. PROHIBITED REFERRAL TO HEALTH CARE |
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PRACTITIONER IN ANOTHER STATE; CRIMINAL PENALTY. (a) A physician, |
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health care provider, or non-physician mental health professional |
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may not refer a child to a health care practitioner licensed or |
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otherwise authorized to provide health care in another state for |
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provision of: |
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(1) a procedure or treatment that violates Section |
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161.702 if performed in this state; or |
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(2) therapy or counseling that violates Section |
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161.7035 if performed in this state. |
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(b) A person who violates this section commits an offense. |
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An offense under this section is a state jail felony. |
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SECTION 4. This Act takes effect September 1, 2025. |