| 1 | 1 | | 87S10225 KJE-F |
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| 2 | 2 | | By: Slaton H.B. No. 90 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring public school and public institution of |
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| 8 | 8 | | higher education students to participate in interscholastic |
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| 9 | 9 | | athletic activities 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 33.0834 to read as follows: |
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| 13 | 13 | | Sec. 33.0834. 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. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED |
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| 38 | 38 | | ON BIOLOGICAL SEX. (a) In this section, "institution of higher |
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| 39 | 39 | | education" has the meaning assigned by Section 61.003. |
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| 40 | 40 | | (b) Except as provided by Subsection (c), an |
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| 41 | 41 | | interscholastic athletic team sponsored or authorized by an |
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| 42 | 42 | | institution of higher education may not allow a student to |
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| 43 | 43 | | participate in an interscholastic athletic activity sponsored or |
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| 44 | 44 | | authorized by the institution that is designated for the biological |
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| 45 | 45 | | sex opposite to the student's biological sex as determined at the |
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| 46 | 46 | | student's birth and correctly stated on the student's official |
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| 47 | 47 | | birth certificate. |
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| 48 | 48 | | (c) An interscholastic athletic team described by |
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| 49 | 49 | | Subsection (b) may allow a female student to participate in an |
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| 50 | 50 | | interscholastic athletic activity that is designated for male |
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| 51 | 51 | | students if a corresponding interscholastic athletic activity |
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| 52 | 52 | | designated for female students is not offered or available. |
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| 53 | 53 | | (d) For purposes of this section, a statement of a student's |
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| 54 | 54 | | biological sex on the student's official birth certificate is |
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| 55 | 55 | | considered to have correctly stated the student's biological sex as |
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| 56 | 56 | | determined at the student's birth if the statement was: |
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| 57 | 57 | | (1) entered at or near the time of the student's birth, |
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| 58 | 58 | | as determined by Texas Higher Education Coordinating Board rule; or |
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| 59 | 59 | | (2) modified to correct a clerical error in the |
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| 60 | 60 | | student's biological sex. |
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| 61 | 61 | | SECTION 3. (a) Section 33.0834, Education Code, as added by |
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| 62 | 62 | | this Act, applies beginning with the 2021-2022 school year. |
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| 63 | 63 | | (b) Section 51.980, Education Code, as added by this Act, |
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| 64 | 64 | | applies beginning with the 2021-2022 academic year. |
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| 65 | 65 | | SECTION 4. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect on the 91st day after the last day of the |
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| 70 | 70 | | legislative session. |
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