| 1 | 1 | | 87R5728 KJE-D |
|---|
| 2 | 2 | | By: Perry S.B. No. 373 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring public school students to participate in |
|---|
| 8 | 8 | | interscholastic athletic activities based on biological sex. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 33.0832 to read as follows: |
|---|
| 12 | 12 | | Sec. 33.0832. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED |
|---|
| 13 | 13 | | ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an |
|---|
| 14 | 14 | | interscholastic athletic team sponsored or authorized by a school |
|---|
| 15 | 15 | | district or open-enrollment charter school may not allow a student |
|---|
| 16 | 16 | | to participate in an interscholastic athletic activity sponsored or |
|---|
| 17 | 17 | | authorized by the district or school that is designated for the |
|---|
| 18 | 18 | | biological sex opposite to the student's biological sex as assigned |
|---|
| 19 | 19 | | at the student's birth and correctly stated on the student's |
|---|
| 20 | 20 | | official birth certificate. |
|---|
| 21 | 21 | | (b) An interscholastic athletic team described by |
|---|
| 22 | 22 | | Subsection (a) may allow a female student to participate in an |
|---|
| 23 | 23 | | interscholastic athletic activity that is designated for male |
|---|
| 24 | 24 | | students if a corresponding interscholastic athletic activity |
|---|
| 25 | 25 | | designated for female students is not offered or available. |
|---|
| 26 | 26 | | (c) For purposes of this section, a statement of a student's |
|---|
| 27 | 27 | | biological sex on the student's official birth certificate is |
|---|
| 28 | 28 | | considered to have correctly stated the student's biological sex as |
|---|
| 29 | 29 | | assigned at the student's birth if the statement was: |
|---|
| 30 | 30 | | (1) entered at or near the time of the student's birth, |
|---|
| 31 | 31 | | as determined by University Interscholastic League rule; or |
|---|
| 32 | 32 | | (2) modified to correct a clerical error in the |
|---|
| 33 | 33 | | student's biological sex. |
|---|
| 34 | 34 | | SECTION 2. This Act applies beginning with the 2021-2022 |
|---|
| 35 | 35 | | school year. |
|---|
| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 40 | 40 | | Act takes effect September 1, 2021. |
|---|