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A BILL TO BE ENTITLED
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AN ACT
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Relating to prohibiting public officers and employees from |
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displaying preferred gender pronouns; authorizing a private civil |
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right of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. WOKE TERMINOLOGY PROHIBITED IN PUBLIC EMPLOYMENT |
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Sec. 620.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means this state, a state |
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agency in the executive, judicial, or legislative branch of state |
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government, or a political subdivision of this state. |
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(2) "Preferred gender pronouns" refer to sets of |
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pronouns that an individual wants others to use when referring to |
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that individual, often displayed in parentheses, such as |
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"(he/him)," "(she/her)," or "(they/them)." |
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Sec. 620.002. PROHIBITED TERMINOLOGY IN PUBLIC EMPLOYMENT. |
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(a) Notwithstanding any other law, no officer, employee, |
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volunteer, or agent of a governmental entity may do any of the |
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following in any document or communication made within the scope of |
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their employment or work with the governmental entity, or in any |
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e-mail sent from an account provided by the governmental entity: |
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(1) List, display, or provide a hyperlink to a person's |
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preferred gender pronouns; |
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(2) Describe elective abortions as "abortion care" or |
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"health care" of any sort; |
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(3) Use any phrase that implies that men can become |
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pregnant, such as "pregnant persons," "pregnant individuals," or |
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"pregnant Texans"; |
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(4) Use the term "gender-affirming care" to describe |
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treatments that are inconsistent with an individual's biological |
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sex assigned at birth; |
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(5) Refer to any transgender individual with a noun |
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that contravenes that individual's biological sex assigned at |
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birth, i.e., a biological man who identifies as a woman may not be |
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called a "transgender woman" or any phrase that implies that such an |
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individual actually is a woman; |
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(6) Use the terms "cisgender" and "cissexual"; |
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(7) Refer to prostitutes as "sex workers." |
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(b) Nothing in this section may be construed to restrict or |
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regulate in any way: |
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(1) The off-the-job communications or correspondence |
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of an officer, employee, volunteer, or agent of a governmental |
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entity; or |
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(2) Speech or conduct protected by the First Amendment |
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of the United States Constitution, as made applicable to the states |
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through the Supreme Court of the United States' interpretations of |
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the Fourteenth Amendment of the United States Constitution, or by |
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Article I, § 8 of the Texas Constitution. |
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Sec. 620.003. PRIVATE RIGHT OF ACTION. (a) Any person who |
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suffers injury in fact on account of a violation of section 620.002 |
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has standing to bring and may bring a civil action against the |
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person who has violated or is violating section 620.002. Sovereign |
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immunity, governmental immunity, official immunity, and qualified |
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immunity are waived and abolished in any action brought under this |
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section. |
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(b) If a claimant prevails in an action brought under |
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Subsection (a), the court shall award: |
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(1) declaratory and injunctive relief sufficient to |
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prevent the defendant from violating this chapter; |
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(2) nominal damages; |
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(3) compensatory damages if the plaintiff has suffered |
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damages from the defendant's conduct; and |
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(4) costs and attorney's fees. |
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(c) Notwithstanding any other law, a person may commence an |
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action under this section and relief may be granted regardless of |
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whether the person has sought or exhausted available administrative |
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remedies. |
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(d) A defendant against whom an action is brought under this |
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section may assert an affirmative defense to liability under this |
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subsection if: |
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(1) the enforcement of this chapter against the |
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defendant will violate constitutional or federally protected |
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rights that belong to the defendant personally; or |
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(2) the defendant |
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(A) has standing to assert the rights of a third |
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party under the tests for third-party standing established by the |
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Supreme Court of the United States; and |
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(B) demonstrates that the enforcement of this |
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chapter against the defendant will violate constitutional or |
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federally protected rights belonging to that third party. |
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(e) Notwithstanding any other law, a civil action under this |
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section shall not be subject to any provision of Chapter 27, Civil |
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Practice and Remedies Code, or Chapter 110, Civil Practice and |
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Remedies Code. |
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SECTION 2. This Act takes effect September 1, 2025. |