Texas 2021 - 87th Regular

Texas Senate Bill SB29 Compare Versions

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1-87R24688 KJE-D
21 By: Perry, et al. S.B. No. 29
3- (Dutton, King of Hemphill)
4- Substitute the following for S.B. No. 29: No.
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to requiring public school students to compete in
10- interscholastic athletic competitions based on sex and a study
11- conducted by the University Interscholastic League on the effects
12- of allowing a student to participate in an athletic competition
13- designated for the sex opposite to the student's sex.
7+ interscholastic athletic competitions based on biological sex.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
159 SECTION 1. Subchapter D, Chapter 33, Education Code, is
1610 amended by adding Section 33.0832 to read as follows:
1711 Sec. 33.0832. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
18- ON SEX. (a) In this section, "league" means the University
19- Interscholastic League.
20- (b) Except as provided by Subsection (c), an
12+ ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
2113 interscholastic athletic team sponsored or authorized by a school
2214 district or open-enrollment charter school may not allow a student
2315 to compete in an interscholastic athletic competition sponsored or
24- authorized by the district or school that is designated for the sex
25- opposite to the student's sex as correctly stated on:
26- (1) the student's official birth certificate; or
27- (2) if the student's official birth certificate is
28- unobtainable, another government record.
29- (c) An interscholastic athletic team described by
30- Subsection (b) may allow a female student to compete in an
16+ authorized by the district or school that is designated for the
17+ biological sex opposite to the student's biological sex as
18+ correctly stated on:
19+ (1) the student's official birth certificate, as
20+ described by Subsection (c); or
21+ (2) if the student's official birth certificate
22+ described by Subdivision (1) is unobtainable, another government
23+ record.
24+ (b) An interscholastic athletic team described by
25+ Subsection (a) may allow a female student to compete in an
3126 interscholastic athletic competition that is designated for male
3227 students if a corresponding interscholastic athletic competition
3328 designated for female students is not offered or available.
34- (d) The league shall conduct a study to determine if
35- allowing a student to participate in an interscholastic athletic
36- competition that is sponsored or authorized by a school district or
37- open-enrollment charter school and is designated for the sex
38- opposite to the student's sex:
39- (1) causes disruptions among the student's
40- interscholastic athletic team; or
41- (2) restricts opportunities for students of the sex
42- for which the competition is designated.
43- (e) Not later than December 1, 2026, the league shall submit
44- to the legislature a report on the results of the study conducted
45- under Subsection (d) and any recommendations for legislative or
46- other action.
47- (f) The league shall adopt rules to implement this section,
48- provided that the rules must be approved by the commissioner in
49- accordance with Section 33.083(b).
50- (g) This section expires September 1, 2027.
29+ (c) For purposes of this section, a statement of a student's
30+ biological sex on the student's official birth certificate is
31+ considered to have correctly stated the student's biological sex
32+ only if the statement was:
33+ (1) entered at or near the time of the student's birth;
34+ or
35+ (2) modified to correct a clerical error in the
36+ student's biological sex.
37+ (d) The University Interscholastic League shall adopt rules
38+ to implement this section, provided that the rules must be approved
39+ by the commissioner in accordance with Section 33.083(b).
5140 SECTION 2. This Act applies beginning with the 2021-2022
5241 school year.
5342 SECTION 3. This Act takes effect immediately if it receives
5443 a vote of two-thirds of all the members elected to each house, as
5544 provided by Section 39, Article III, Texas Constitution. If this
5645 Act does not receive the vote necessary for immediate effect, this
5746 Act takes effect September 1, 2021.