Texas 2019 - 86th Regular

Texas House Bill HB4466 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Meza H.B. No. 4466
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibition of the provision of conversion therapy
7	7	to a child by certain providers; creating a criminal offense;
8	8	increasing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 105, Occupations Code, is
11	11	amended to read as follows:
12	12	CHAPTER 105.
13	13	UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH
14	14	CARE PROVIDER]
15	15	SECTION 2. Chapter 105, Occupations Code, is amended by
16	16	designating Sections 105.001 and 105.002 as Subchapter A and adding
17	17	a subchapter heading to read as follows:
18	18	SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDER
19	19	SECTION 3. Section 105.001, Occupations Code, is amended to
20	20	read as follows:
21	21	Sec. 105.001. DEFINITION. In this subchapter [chapter],
22	22	"certain provider" means a person who furnishes services to
23	23	diagnose, prevent, alleviate, or cure a human illness or injury.
24	24	SECTION 4. Chapter 105, Occupations Code, is amended by
25	25	adding Subchapter B to read as follows:
26	26	SUBCHAPTER B. PROHIBITED CONDUCT BY CERTAIN PROVIDER
27	27	Sec. 105.051. DEFINITIONS. In this subchapter:
28	28	(1) "Child" means an individual younger than 18 years
29	29	of age.
30	30	(2) "Conversion therapy" means a practice or treatment
31	31	provided to a child by a mental health provider that seeks to:
32	32	(A) change the child's sexual orientation,
33	33	including by attempting to change the child's behavior or gender
34	34	identity or expression; or
35	35	(B) eliminate or reduce the child's sexual or
36	36	romantic attractions or feelings toward individuals of the same
37	37	sex.
38	38	(3) "Gender identity or expression" means a person's
39	39	having, or being perceived as having, a gender-related identity,
40	40	appearance, expression, or behavior, whether or not that identity,
41	41	appearance, expression, or behavior is different from that commonly
42	42	associated with the person's assigned sex at birth.
43	43	(4) "Sexual orientation" means the actual or perceived
44	44	status of an individual with respect to the individual's sexuality.
45	45	Sec. 105.052. APPLICABILITY OF SUBCHAPTER. This subchapter
46	46	does not apply to counseling that provides acceptance, support, and
47	47	understanding of a child or facilitates a child's coping, social
48	48	support, and identity exploration and development, including
49	49	sexual orientation-neutral interventions to prevent or address
50	50	unlawful conduct or unsafe sexual practices, if that counseling
51	51	does not seek to change sexual orientation or gender identity or
52	52	expression.
53	53	Sec. 105.053. PROHIBITED CONDUCT. (a) A certain provider
54	54	may not, in the course of providing services to a child, provide
55	55	conversion therapy.
56	56	(b) A certain provider who provides conversion therapy in
57	57	violation of Subsection (a) is subject to disciplinary action by
58	58	any state regulatory entity with the power to take disciplinary
59	59	action against that mental health provider.
60	60	Sec. 105.054. CRIMINAL OFFENSE. (a) A certain provider
61	61	commits an offense if the provider violates Section 105.053.
62	62	(b) An offense under this section is a Class C misdemeanor.
63	63	SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended
64	64	by adding Section 12.502 to read as follows:
65	65	Sec. 12.502. PENALTY IF OFFENSE COMMITTED WHILE PROVIDING
66	66	CONVERSION THERAPY TO CHILD. (a) Subject to Subsection (c), the
67	67	punishment for an offense described by Subsection (b) is increased
68	68	to the punishment prescribed for the next higher category of
69	69	offense if it is shown on the trial of the offense that the offense
70	70	was committed during the provision of conversion therapy to a child
71	71	in violation of Section 105.053, Occupations Code.
72	72	(b) The increase in punishment authorized by this section
73	73	applies only to an offense under Chapter 21 or 22.
74	74	(c) This section does not apply to an offense for which the
75	75	punishment otherwise prescribed is the punishment for a first
76	76	degree felony or capital felony.
77	77	SECTION 6. The change in law made by this Act applies only
78	78	to an offense committed on or after the effective date of this Act.
79	79	An offense committed before the effective date of this Act is
80	80	governed by the law in effect on the date the offense was committed,
81	81	and the former law is continued in effect for that purpose. For
82	82	purposes of this section, an offense was committed before the
83	83	effective date of this Act if any element of the offense occurred
84	84	before that date.
85	85	SECTION 7. This Act takes effect September 1, 2019.