| 1 | 1 | | By: Hefner H.B. No. 4043 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to requiring public school students to participate in |
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| 7 | 7 | | interscholastic athletic activities based on biological sex, |
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| 8 | 8 | | including a report regarding university athletic participation |
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| 9 | 9 | | based on biological sex. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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| 12 | 12 | | amended by adding Section 33.0832 to read as follows: |
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| 13 | 13 | | Sec. 33.0832. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED |
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| 14 | 14 | | ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an |
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| 15 | 15 | | interscholastic athletic team sponsored or authorized by a school |
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| 16 | 16 | | district or open-enrollment charter school may not allow a student |
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| 17 | 17 | | to participate in an interscholastic athletic activity sponsored or |
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| 18 | 18 | | authorized by the district or school that is designated for the |
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| 19 | 19 | | biological sex opposite to the student's biological sex as |
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| 20 | 20 | | determined at the student's birth and correctly stated on the |
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| 21 | 21 | | student's official birth certificate. |
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| 22 | 22 | | (b) An interscholastic athletic team described by |
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| 23 | 23 | | Subsection (a) may allow a female student to participate in an |
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| 24 | 24 | | interscholastic athletic activity that is designated for male |
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| 25 | 25 | | students if a corresponding interscholastic athletic activity |
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| 26 | 26 | | designated for female students is not offered or available. |
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| 27 | 27 | | (c) For purposes of this section, a statement of a student's |
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| 28 | 28 | | biological sex on the student's official birth certificate is |
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| 29 | 29 | | considered to have correctly stated the student's biological sex as |
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| 30 | 30 | | determined at the student's birth if the statement was: |
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| 31 | 31 | | (1) entered at or near the time of the student's birth, |
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| 32 | 32 | | as determined by University Interscholastic League rule; or |
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| 33 | 33 | | (2) modified to correct a clerical error in the |
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| 34 | 34 | | student's biological sex. |
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| 35 | 35 | | SECTION 2. Subchapter Z, Chapter 51, Education Code is |
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| 36 | 36 | | amended by adding Section 51.980 to read as follows: |
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| 37 | 37 | | Sec. 51.980. REPORT ON UNIVERSITY ATHLETIC PARTICIPATION |
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| 38 | 38 | | BASED ON BIOLOGICAL SEX. (a) A university system found in Chapter |
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| 39 | 39 | | 65, 85, 96, or 109 shall create a report regarding how university |
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| 40 | 40 | | athletics and participation may be affected in their university |
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| 41 | 41 | | systems if the legislature adopted a similar provision to Section |
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| 42 | 42 | | 33.0832 for university athletics. |
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| 43 | 43 | | (b) Not later than December 1, 2022, the university systems |
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| 44 | 44 | | shall submit their reports to the governor, lieutenant governor, |
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| 45 | 45 | | and the speaker of the house of representatives. |
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| 46 | 46 | | (c) This section expires January 1, 2023. |
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| 47 | 47 | | SECTION 3. Subchapter D, Chapter 33, Education Code as |
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| 48 | 48 | | added by this Act, applies beginning with the 2021-2022 school |
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| 49 | 49 | | year. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2021. |
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