81R10073 KKA-D By: Farrar H.B. No. 2923 A BILL TO BE ENTITLED AN ACT relating to a prohibition of discrimination by public educational institutions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 1, Education Code, is amended by adding Section 1.0021 to read as follows: Sec. 1.0021. DISCRIMINATION PROHIBITED. (a) In this section: (1) "Gender identity or expression" means having or being perceived as having a gender-related identity, appearance, expression, or behavior, whether or not that identity, appearance, expression, or behavior is different from that commonly associated with the person's actual or perceived sex. (2) "Sexual orientation" means the actual or perceived status of an individual with respect to the individual's sexuality. (b) A public educational institution or employee of a public educational institution may not discriminate against a student enrolled in the institution on account of the ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion, or national origin of the student or the student's parent. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.