Texas 2021 - 87th 1st C.S.

Texas House Bill HB274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Swanson H.B. No. 274
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requiring public school and public institution of
7	7	higher education students to compete in interscholastic athletic
8	8	competitions 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 33.0834 to read as follows:
12	12	Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION 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 compete on the team in an interscholastic athletic competition
17	17	sponsored or authorized by the district or school that is
18	18	designated for the biological sex opposite to the student's
19	19	biological sex as correctly stated on:
20	20	(1) the student's official birth certificate, as
21	21	described by Subsection (c); or
22	22	(2) if the student's official birth certificate
23	23	described by Subdivision (1) is unobtainable, another government
24	24	record.
25	25	(b) An interscholastic athletic team described by
26	26	Subsection (a) may allow a female student to compete in an
27	27	interscholastic athletic competition that is designated for male
28	28	students if a corresponding interscholastic athletic competition
29	29	designated for female students is not offered or available.
30	30	(c) For purposes of this section, a statement of a student's
31	31	biological sex on the student's official birth certificate is
32	32	considered to have correctly stated the student's biological sex
33	33	only if the statement was:
34	34	(1) entered at or near the time of the student's birth;
35	35	or
36	36	(2) modified to correct a clerical error in the
37	37	student's biological sex.
38	38	(d) The University Interscholastic League shall adopt rules
39	39	to implement this section, provided that the rules must be approved
40	40	by the commissioner in accordance with Section 33.083(b).
41	41	(e) A student who attends a school district or
42	42	open-enrollment charter school that sponsors or authorizes an
43	43	interscholastic athletic team that violates this section may bring
44	44	a civil action against the district or school if the student is
45	45	directly harmed by the violation. The student may obtain:
46	46	(1) injunctive relief; and
47	47	(2) court costs and reasonable attorney's fees.
48	48	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
49	49	amended by adding Section 51.980 to read as follows:
50	50	Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON
51	51	BIOLOGICAL SEX. (a) In this section, "institution of higher
52	52	education" has the meaning assigned by Section 61.003.
53	53	(b) Except as provided by Subsection (c), an
54	54	interscholastic athletic team sponsored or authorized by an
55	55	institution of higher education may not allow a student to compete
56	56	on the team in an interscholastic athletic competition sponsored or
57	57	authorized by the institution that is designated for the biological
58	58	sex opposite to the student's biological sex as correctly stated
59	59	on:
60	60	(1) the student's official birth certificate, as
61	61	described by Subsection (d); or
62	62	(2) if the student's official birth certificate
63	63	described by Subdivision (1) is unobtainable, another government
64	64	record.
65	65	(c) An interscholastic athletic team described by
66	66	Subsection (b) may allow a female student to compete in an
67	67	interscholastic athletic competition that is designated for male
68	68	students if a corresponding interscholastic athletic competition
69	69	designated for female students is not offered or available.
70	70	(d) For purposes of this section, a statement of a student's
71	71	biological sex on the student's official birth certificate is
72	72	considered to have correctly stated the student's biological sex
73	73	only if the statement was:
74	74	(1) entered at or near the time of the student's birth;
75	75	or
76	76	(2) modified to correct a clerical error in the
77	77	student's biological sex.
78	78	(e) A student who attends an institution of higher education
79	79	that sponsors or authorizes an interscholastic athletic team that
80	80	violates this section may bring a civil action against the
81	81	institution if the student is directly harmed by the violation. The
82	82	student may obtain:
83	83	(1) injunctive relief; and
84	84	(2) court costs and reasonable attorney's fees.
85	85	SECTION 3. (a) Section 33.0834, Education Code, as added by
86	86	this Act, applies beginning with the 2021-2022 school year.
87	87	(b) Section 51.980, Education Code, as added by this Act,
88	88	applies beginning with the 2021-2022 academic year.
89	89	SECTION 4. If any provision of this Act or its application
90	90	to any person or circumstance is held invalid, the invalidity does
91	91	not affect other provisions or applications of this Act that can be
92	92	given effect without the invalid provision or application, and to
93	93	this end the provisions of this Act are declared to be severable.
94	94	SECTION 5. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect on the 91st day after the last day of the
99	99	legislative session.