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A BILL TO BE ENTITLED
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AN ACT
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relating to protection for a public employee's or student's use of |
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terms consistent with biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 22, Education Code, is |
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amended by adding Section 22.905 to read as follows: |
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Sec. 22.905. PROTECTION FOR USE OF TERMS CONSISTENT WITH |
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BIOLOGICAL SEX. (a) A school district or open-enrollment charter |
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school may not discipline, retaliate against, or otherwise |
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discriminate against a student or district or school employee who |
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addresses a student or district or school employee in terms |
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consistent with the biological sex of the student or employee. |
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(b) This section may not be construed to: |
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(1) limit a school district or open-enrollment charter |
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school from adopting policies and procedures to prohibit and |
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prevent bullying under Section 37.0832; and |
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(2) authorize a person to engage in conduct that |
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constitutes harassment in violation of Section 42.07, Penal Code. |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.991 to read as follows: |
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Sec. 51.991. PROTECTION FOR USE OF TERMS CONSISTENT WITH |
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BIOLOGICAL SEX. (a) In this section, "institution of higher |
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education" has the meaning assigned by Section 61.003. |
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(b) An institution of higher education may not discipline, |
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retaliate against, or otherwise discriminate against a student or |
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an employee of the institution who addresses a student or employee |
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in terms consistent with the biological sex of the student or |
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employee. |
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(c) This section may not be construed to authorize a student |
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or an employee of the institution to engage in conduct that |
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constitutes harassment in violation of Section 42.07, Penal Code. |
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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. PROTECTION FOR USE OF TERMS CONSISTENT WITH |
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BIOLOGICAL SEX |
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Sec. 621.001. DEFINITION. In this chapter, "public |
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employer" has the meaning assigned by Section 619.001. |
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Sec. 621.002. PROTECTION FOR USE OF TERMS CONSISTENT WITH |
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BIOLOGICAL SEX. (a) A public employer may not discipline, |
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retaliate against, or otherwise discriminate against an employee of |
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the public employer who addresses another employee or person in |
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terms consistent with the biological sex of the employee or person. |
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(b) This section may not be construed to authorize an |
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employee of a public employer to engage in conduct that constitutes |
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harassment in violation of Section 42.07, Penal Code. |
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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 September 1, 2025. |