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