Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB2 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 2
	1	+	By: Perry, Springer S.B. No. 2
	2	+	(In the Senate - Filed July 8, 2021; July 8, 2021, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	July 13, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; July 13, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2 By: Seliger
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to requiring public school and public institution of
7	14		higher education students to compete in interscholastic athletic
8	15		competitions based on biological sex.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subchapter D, Chapter 33, Education Code, is
11	18		amended by adding Section 33.0834 to read as follows:
12	19		Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
13	20		ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
14	21		interscholastic athletic team sponsored or authorized by a school
15	22		district or open-enrollment charter school may not allow a student
16	23		to compete on the team in an interscholastic athletic competition
17	24		sponsored or authorized by the district or school that is
18	25		designated for the biological sex opposite to the student's
19	26		biological sex as correctly stated on:
20	27		(1) the student's official birth certificate, as
21	28		described by Subsection (c); or
22	29		(2) if the student's official birth certificate
23	30		described by Subdivision (1) is unobtainable, another government
24	31		record.
25	32		(b) An interscholastic athletic team described by
26	33		Subsection (a) may allow a female student to compete in an
27	34		interscholastic athletic competition that is designated for male
28	35		students if a corresponding interscholastic athletic competition
29	36		designated for female students is not offered or available.
30	37		(c) For purposes of this section, a statement of a student's
31	38		biological sex on the student's official birth certificate is
32	39		considered to have correctly stated the student's biological sex
33	40		only if the statement was:
34	41		(1) entered at or near the time of the student's birth;
35	42		or
36	43		(2) modified to correct a clerical error in the
37	44		student's biological sex.
38	45		(d) The University Interscholastic League shall adopt rules
39	46		to implement this section, provided that the rules must be approved
40	47		by the commissioner in accordance with Section 33.083(b).
41	48		(e) A student who attends a school district or
42	49		open-enrollment charter school that sponsors or authorizes an
43	50		interscholastic athletic team that violates this section may bring
44	51		a civil action against the district or school if the student is
45	52		directly harmed by the violation. The student may obtain:
46	53		(1) injunctive relief; and
47	54		(2) court costs and reasonable attorney's fees.
48	55		SECTION 2. Subchapter Z, Chapter 51, Education Code, is
49	56		amended by adding Section 51.980 to read as follows:
50	57		Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON
51	58		BIOLOGICAL SEX. (a) In this section, "institution of higher
52	59		education" has the meaning assigned by Section 61.003.
53	60		(b) Except as provided by Subsection (c), an
54	61		interscholastic athletic team sponsored or authorized by an
55	62		institution of higher education may not allow a student to compete
56	63		on the team in an interscholastic athletic competition sponsored or
57	64		authorized by the institution that is designated for the biological
58	65		sex opposite to the student's biological sex as correctly stated
59	66		on:
60	67		(1) the student's official birth certificate, as
61	68		described by Subsection (d); or
62	69		(2) if the student's official birth certificate
63	70		described by Subdivision (1) is unobtainable, another government
64	71		record.
65	72		(c) An interscholastic athletic team described by
66	73		Subsection (b) may allow a female student to compete in an
67	74		interscholastic athletic competition that is designated for male
68	75		students if a corresponding interscholastic athletic competition
69	76		designated for female students is not offered or available.
70	77		(d) For purposes of this section, a statement of a student's
71	78		biological sex on the student's official birth certificate is
72	79		considered to have correctly stated the student's biological sex
73	80		only if the statement was:
74	81		(1) entered at or near the time of the student's birth;
75	82		or
76	83		(2) modified to correct a clerical error in the
77	84		student's biological sex.
78	85		(e) A student who attends an institution of higher education
79	86		that sponsors or authorizes an interscholastic athletic team that
80	87		violates this section may bring a civil action against the
81	88		institution if the student is directly harmed by the violation. The
82	89		student may obtain:
83	90		(1) injunctive relief; and
84	91		(2) court costs and reasonable attorney's fees.
85	92		SECTION 3. (a) Section 33.0834, Education Code, as added by
86	93		this Act, applies beginning with the 2021-2022 school year.
87	94		(b) Section 51.980, Education Code, as added by this Act,
88	95		applies beginning with the 2021-2022 academic year.
89	96		SECTION 4. If any provision of this Act or its application
90	97		to any person or circumstance is held invalid, the invalidity does
91	98		not affect other provisions or applications of this Act that can be
92	99		given effect without the invalid provision or application, and to
93	100		this end the provisions of this Act are declared to be severable.
94	101		SECTION 5. This Act takes effect immediately if it receives
95	102		a vote of two-thirds of all the members elected to each house, as
96	103		provided by Section 39, Article III, Texas Constitution. If this
97	104		Act does not receive the vote necessary for immediate effect, this
98	105		Act takes effect on the 91st day after the last day of the
99	106		legislative session.
	107	+	* * * * *