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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting social transitioning assistance to minors |
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by employees of governmental entities, including public schools, |
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and health care facilities; authorizing civil penalties and loss of |
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school funding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED |
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Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL |
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TRANSITIONING PROHIBITED. (a) In this subchapter, "social |
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transitioning" means a person's transition from the gender identity |
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associated with the person's biological sex assigned at birth to an |
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alternative gender identity through the adoption of a different |
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name, different pronouns, or other expressions of gender, including |
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clothing and hairstyles, that are: |
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(1) typically associated with the biological sex |
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opposite of the person's biological sex assigned at birth; and |
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(2) intended to communicate the person's alternative |
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gender identity. |
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(b) The board of trustees of a school district shall adopt a |
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policy: |
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(1) prohibiting an employee of the district from |
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assisting a minor who is a student enrolled in the district with |
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social transitioning, including by providing any information about |
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social transitioning; and |
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(2) requiring an employee of the district who becomes |
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aware that a minor who is a student enrolled in the district is |
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socially transitioning to notify a parent, managing or possessory |
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conservator, or legal guardian of the minor. |
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(c) The board of trustees of a school district may not adopt |
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a confidentiality policy that conflicts with a policy adopted under |
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Subsection (b). |
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(d) The board of trustees of a school district shall |
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investigate any suspected violation of the policy adopted under |
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Subsection (b) and determine whether the violation occurred. If |
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the board determines that a district employee has assisted a minor |
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who is a student enrolled at the district with social |
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transitioning, the board shall immediately report the violation to |
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the commissioner. The board may terminate a district employee for a |
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second or subsequent violation of the policy adopted under |
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Subsection (b). |
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(e) If the commissioner finds on an appeal under Section |
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7.057 that a school district has violated this section, or if the |
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board of trustees of a district notifies the commissioner about a |
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violation of the district's policy adopted under Subsection (b), |
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notwithstanding any other law, the commissioner shall withhold the |
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funding to which the district is entitled under Chapters 46, 48, and |
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49 for the school year during which the violation occurred. The |
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commissioner may adjust the district's entitlement to funding under |
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those chapters for subsequent school years as necessary to recover |
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any state funding already paid to the district for the school year |
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in which the violation occurred. |
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SECTION 2. Section 12.104, Education Code, is amended by |
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adding Subsection (b-5) to read as follows: |
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(b-5) Section 11.401 applies to an open-enrollment charter |
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school as though the governing body of the school were the board of |
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trustees of a school district. |
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SECTION 3. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 621 to read as follows: |
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CHAPTER 621. ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS BY |
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EMPLOYEES OF GOVERNMENTAL ENTITIES PROHIBITED |
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Sec. 621.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means: |
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(A) a department, commission, board, office, or |
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other agency in the executive branch of state government that was |
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created by the constitution or a statute, other than an institution |
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of higher education as defined by Section 61.003, Education Code; |
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or |
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(B) a county, municipality, or other political |
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subdivision of this state. |
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(2) "Minor" has the meaning assigned by Section |
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101.003, Family Code. |
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(3) "Social transitioning" means a person's transition |
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from the gender identity associated with the person's biological |
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sex assigned at birth to an alternative gender identity through the |
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adoption of a different name, different pronouns, or other |
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expressions of gender, including clothing and hairstyles, that are: |
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(A) typically associated with the biological sex |
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opposite of the person's biological sex assigned at birth; and |
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(B) intended to communicate the person's |
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alternative gender identity. |
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Sec. 621.002. PROHIBITION ON ASSISTANCE; NOTIFICATION OF |
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PARENT OR OTHER PERSON. (a) An employee of a governmental entity |
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may not assist a minor with social transitioning, including by |
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providing information about social transitioning. |
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(b) An employee of a governmental entity who becomes aware |
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of a child who is socially transitioning shall notify a parent, |
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managing or possessory conservator, or legal guardian of the child. |
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A governmental entity may not adopt a confidentiality policy that |
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conflicts with this subsection. |
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Sec. 621.003. FORMAL WARNING OF VIOLATION. If the attorney |
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general determines that an employee of a governmental entity has |
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violated or is in violation of this chapter, the attorney general |
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shall issue a formal warning for a first violation of this chapter |
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and include in the warning the specific violation. |
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Sec. 621.004. EMPLOYEE SUBJECT TO TERMINATION. A |
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governmental entity may terminate the employment of an employee of |
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the entity for a second or subsequent violation of this chapter |
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after the employee has received a formal warning under Section |
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621.003. |
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SECTION 4. Subtitle H, Title 4, Health and Safety Code, is |
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amended by adding Chapter 332 to read as follows: |
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CHAPTER 332. ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS |
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PROHIBITED |
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Sec. 332.001. DEFINITIONS. In this chapter: |
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(1) "Health facility" means a facility in this state |
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maintained or operated through the receipt of any state money for |
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the purpose of providing health care services. |
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(2) "Minor" has the meaning assigned by Section |
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101.003, Family Code. |
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(3) "Social transitioning" means a person's transition |
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from the gender identity associated with the person's biological |
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sex assigned at birth to an alternative gender identity through the |
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adoption of a different name, different pronouns, or other |
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expressions of gender, including clothing and hairstyles, that are: |
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(A) typically associated with the biological sex |
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opposite of the person's biological sex assigned at birth; and |
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(B) intended to communicate the person's |
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alternative gender identity. |
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Sec. 332.002. SOCIAL TRANSITIONING ASSISTANCE PROHIBITED. |
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An employee of a health facility may not assist a minor with social |
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transitioning, including by providing information about social |
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transitioning, or advise a parent on the social transitioning of a |
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minor child of the parent. |
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Sec. 332.003. CIVIL PENALTY. (a) An employee of a health |
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facility who violates this chapter is liable for a civil penalty of |
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not more than $5,000 for a first violation of this chapter. |
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(b) The attorney general may bring an action to recover a |
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civil penalty against an employee of a health facility for a |
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violation of this chapter. |
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Sec. 332.004. ENFORCEMENT BY STATE AGENCIES; RULES. (a) |
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This section applies only to a second or subsequent violation of |
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this chapter by an employee of a health facility. |
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(b) Notwithstanding any other law, each appropriate state |
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agency shall ensure that employees of health facilities in this |
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state comply with this chapter and may require compliance with this |
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chapter as a condition of a license, certificate, registration, |
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permit, or other authorization issued by the agency that is |
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required for employees to practice or engage in a particular |
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business, occupation, or profession in this state. |
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(c) Notwithstanding any other law, if a state agency that |
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issues a license, certificate, registration, permit, or other |
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authorization for a person to practice or engage in a particular |
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business, occupation, or profession in this state determines that |
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an employee of a health facility failed to comply with this chapter, |
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the agency may suspend or revoke any license, certificate, |
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registration, permit, or other authorization issued by the agency. |
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(d) A proceeding under Subsection (c) is subject to Chapter |
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2001, Government Code. |
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(e) Each appropriate state agency shall adopt rules and |
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prescribe forms as necessary to implement this section. |
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SECTION 5. Subchapter I, Chapter 11, Education Code, as |
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added by this Act, and Section 12.104, Education Code, as amended by |
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this Act, apply beginning with the 2025-2026 school year. |
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SECTION 6. This Act takes effect September 1, 2025. |