By: Meza H.B. No. 4466
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of the provision of conversion therapy
to a child by certain providers; creating a criminal offense;
increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 105, Occupations Code, is
amended to read as follows:
CHAPTER 105.
UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [HEALTH
CARE PROVIDER]
SECTION 2. Chapter 105, Occupations Code, is amended by
designating Sections 105.001 and 105.002 as Subchapter A and adding
a subchapter heading to read as follows:
SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDER
SECTION 3. Section 105.001, Occupations Code, is amended to
read as follows:
Sec. 105.001. DEFINITION. In this subchapter [chapter],
"certain provider" means a person who furnishes services to
diagnose, prevent, alleviate, or cure a human illness or injury.
SECTION 4. Chapter 105, Occupations Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. PROHIBITED CONDUCT BY CERTAIN PROVIDER
Sec. 105.051. DEFINITIONS. In this subchapter:
(1) "Child" means an individual younger than 18 years
of age.
(2) "Conversion therapy" means a practice or treatment
provided to a child by a mental health provider that seeks to:
(A) change the child's sexual orientation,
including by attempting to change the child's behavior or gender
identity or expression; or
(B) eliminate or reduce the child's sexual or
romantic attractions or feelings toward individuals of the same
sex.
(3) "Gender identity or expression" means a person's
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 assigned sex at birth.
(4) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
Sec. 105.052. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to counseling that provides acceptance, support, and
understanding of a child or facilitates a child's coping, social
support, and identity exploration and development, including
sexual orientation-neutral interventions to prevent or address
unlawful conduct or unsafe sexual practices, if that counseling
does not seek to change sexual orientation or gender identity or
expression.
Sec. 105.053. PROHIBITED CONDUCT. (a) A certain provider
may not, in the course of providing services to a child, provide
conversion therapy.
(b) A certain provider who provides conversion therapy in
violation of Subsection (a) is subject to disciplinary action by
any state regulatory entity with the power to take disciplinary
action against that mental health provider.
Sec. 105.054. CRIMINAL OFFENSE. (a) A certain provider
commits an offense if the provider violates Section 105.053.
(b) An offense under this section is a Class C misdemeanor.
SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY IF OFFENSE COMMITTED WHILE PROVIDING
CONVERSION THERAPY TO CHILD. (a) Subject to Subsection (c), the
punishment for an offense described by Subsection (b) is increased
to the punishment prescribed for the next higher category of
offense if it is shown on the trial of the offense that the offense
was committed during the provision of conversion therapy to a child
in violation of Section 105.053, Occupations Code.
(b) The increase in punishment authorized by this section
applies only to an offense under Chapter 21 or 22.
(c) This section does not apply to an offense for which the
punishment otherwise prescribed is the punishment for a first
degree felony or capital felony.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 7. This Act takes effect September 1, 2019.