| 1 | 1 | | 87R8171 KKR-D |
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| 2 | 2 | | By: Meza H.B. No. 3196 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prohibition of the provision of conversion therapy |
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| 8 | 8 | | to an individual by health care providers and certain entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 105, Occupations Code, is amended by |
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| 11 | 11 | | adding Section 105.003 to read as follows: |
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| 12 | 12 | | Sec. 105.003. CONVERSION THERAPY PROHIBITED. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Conversion therapy" means a practice or treatment |
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| 15 | 15 | | provided to an individual by a health care provider that seeks to: |
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| 16 | 16 | | (A) change the individual's sexual orientation, |
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| 17 | 17 | | including by attempting to change the individual's behavior or |
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| 18 | 18 | | gender identity or expression; or |
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| 19 | 19 | | (B) eliminate or reduce the individual's sexual |
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| 20 | 20 | | or romantic attractions or feelings toward individuals of the same |
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| 21 | 21 | | sex. |
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| 22 | 22 | | (2) "Gender identity or expression" means an |
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| 23 | 23 | | individual's having, or being perceived as having, a gender-related |
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| 24 | 24 | | identity, appearance, expression, or behavior, whether or not that |
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| 25 | 25 | | identity, appearance, expression, or behavior is different from |
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| 26 | 26 | | that commonly associated with the individual's assigned sex at |
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| 27 | 27 | | birth. |
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| 28 | 28 | | (3) "Sexual orientation" means the actual or perceived |
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| 29 | 29 | | status of an individual with respect to the individual's sexuality. |
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| 30 | 30 | | (b) This section does not apply to health care services that |
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| 31 | 31 | | provide acceptance, support, and understanding of an individual or |
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| 32 | 32 | | facilitate an individual's coping, social support, and identity |
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| 33 | 33 | | exploration and development, including sexual orientation-neutral |
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| 34 | 34 | | interventions to prevent or address unlawful conduct or unsafe |
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| 35 | 35 | | sexual practices, if that health care service does not seek to |
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| 36 | 36 | | change sexual orientation or gender identity or expression. |
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| 37 | 37 | | (c) A health care provider may not, in the course of |
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| 38 | 38 | | providing services to an individual, provide conversion therapy. |
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| 39 | 39 | | (d) A health care provider who provides conversion therapy |
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| 40 | 40 | | in violation of Subsection (c) is subject to disciplinary action by |
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| 41 | 41 | | any state regulatory entity with the power to take disciplinary |
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| 42 | 42 | | action against that health care provider. |
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| 43 | 43 | | (e) To the extent allowed by law, a nonprofit entity that |
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| 44 | 44 | | permits a health care provider or an individual who is not licensed |
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| 45 | 45 | | as a health care provider under this title or any other law to |
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| 46 | 46 | | provide conversion therapy through the entity is subject to: |
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| 47 | 47 | | (1) termination by the secretary of state to the same |
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| 48 | 48 | | extent and in the same manner as provided under Section 11.251, |
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| 49 | 49 | | Business Organizations Code; and |
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| 50 | 50 | | (2) loss of an exemption from the franchise tax under |
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| 51 | 51 | | Section 171.063(a), Tax Code. |
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| 52 | 52 | | SECTION 2. Section 105.003, Occupations Code, as added by |
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| 53 | 53 | | this Act, applies only to conduct that occurs on or after the |
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| 54 | 54 | | effective date of this Act. Conduct that occurs before the |
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| 55 | 55 | | effective date of this Act is governed by the law in effect on the |
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| 56 | 56 | | date the conduct occurred, and the former law is continued in effect |
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| 57 | 57 | | for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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