87R8171 KKR-D
By: Meza H.B. No. 3196
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of the provision of conversion therapy
to an individual by health care providers and certain entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 105, Occupations Code, is amended by
adding Section 105.003 to read as follows:
Sec. 105.003. CONVERSION THERAPY PROHIBITED. (a) In this
section:
(1) "Conversion therapy" means a practice or treatment
provided to an individual by a health care provider that seeks to:
(A) change the individual's sexual orientation,
including by attempting to change the individual's behavior or
gender identity or expression; or
(B) eliminate or reduce the individual's sexual
or romantic attractions or feelings toward individuals of the same
sex.
(2) "Gender identity or expression" means an
individual'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 individual's assigned sex at
birth.
(3) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
(b) This section does not apply to health care services that
provide acceptance, support, and understanding of an individual or
facilitate an individual'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 health care service does not seek to
change sexual orientation or gender identity or expression.
(c) A health care provider may not, in the course of
providing services to an individual, provide conversion therapy.
(d) A health care provider who provides conversion therapy
in violation of Subsection (c) is subject to disciplinary action by
any state regulatory entity with the power to take disciplinary
action against that health care provider.
(e) To the extent allowed by law, a nonprofit entity that
permits a health care provider or an individual who is not licensed
as a health care provider under this title or any other law to
provide conversion therapy through the entity is subject to:
(1) termination by the secretary of state to the same
extent and in the same manner as provided under Section 11.251,
Business Organizations Code; and
(2) loss of an exemption from the franchise tax under
Section 171.063(a), Tax Code.
SECTION 2. Section 105.003, Occupations Code, as added by
this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2021.