Texas 2021 - 87th 2nd C.S.

Texas House Bill HB100 Compare Versions

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

Old	New	Differences
1	1	87S20020 KJE-F
2	2	By: Swanson H.B. No. 100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring public school and public institution of
8	8	higher education students to compete in interscholastic athletic
9	9	competitions based on biological sex.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 33, Education Code, is
12	12	amended by adding Section 33.0834 to read as follows:
13	13	Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
14	14	ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
15	15	interscholastic athletic team sponsored or authorized by a school
16	16	district or open-enrollment charter school may not allow a student
17	17	to compete on the team in an interscholastic athletic competition
18	18	sponsored or authorized by the district or school that is
19	19	designated for the biological sex opposite to the student's
20	20	biological sex as correctly stated on:
21	21	(1) the student's official birth certificate, as
22	22	described by Subsection (c); or
23	23	(2) if the student's official birth certificate
24	24	described by Subdivision (1) is unobtainable, another government
25	25	record.
26	26	(b) An interscholastic athletic team described by
27	27	Subsection (a) may allow a female student to compete in an
28	28	interscholastic athletic competition that is designated for male
29	29	students if a corresponding interscholastic athletic competition
30	30	designated for female students is not offered or available.
31	31	(c) For purposes of this section, a statement of a student's
32	32	biological sex on the student's official birth certificate is
33	33	considered to have correctly stated the student's biological sex
34	34	only if the statement was:
35	35	(1) entered at or near the time of the student's birth;
36	36	or
37	37	(2) modified to correct a clerical error in the
38	38	student's biological sex.
39	39	(d) The University Interscholastic League shall adopt rules
40	40	to implement this section, provided that the rules must be approved
41	41	by the commissioner in accordance with Section 33.083(b).
42	42	(e) A student who attends a school district or
43	43	open-enrollment charter school that sponsors or authorizes an
44	44	interscholastic athletic team that violates this section may bring
45	45	a civil action against the district or school if the student is
46	46	directly harmed by the violation. The student may obtain:
47	47	(1) injunctive relief; and
48	48	(2) court costs and reasonable attorney's fees.
49	49	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
50	50	amended by adding Section 51.980 to read as follows:
51	51	Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON
52	52	BIOLOGICAL SEX. (a) In this section, "institution of higher
53	53	education" has the meaning assigned by Section 61.003.
54	54	(b) Except as provided by Subsection (c), an
55	55	interscholastic athletic team sponsored or authorized by an
56	56	institution of higher education may not allow a student to compete
57	57	on the team in an interscholastic athletic competition sponsored or
58	58	authorized by the institution that is designated for the biological
59	59	sex opposite to the student's biological sex as correctly stated
60	60	on:
61	61	(1) the student's official birth certificate, as
62	62	described by Subsection (d); or
63	63	(2) if the student's official birth certificate
64	64	described by Subdivision (1) is unobtainable, another government
65	65	record.
66	66	(c) An interscholastic athletic team described by
67	67	Subsection (b) may allow a female student to compete in an
68	68	interscholastic athletic competition that is designated for male
69	69	students if a corresponding interscholastic athletic competition
70	70	designated for female students is not offered or available.
71	71	(d) For purposes of this section, a statement of a student's
72	72	biological sex on the student's official birth certificate is
73	73	considered to have correctly stated the student's biological sex
74	74	only if the statement was:
75	75	(1) entered at or near the time of the student's birth;
76	76	or
77	77	(2) modified to correct a clerical error in the
78	78	student's biological sex.
79	79	(e) A student who attends an institution of higher education
80	80	that sponsors or authorizes an interscholastic athletic team that
81	81	violates this section may bring a civil action against the
82	82	institution if the student is directly harmed by the violation. The
83	83	student may obtain:
84	84	(1) injunctive relief; and
85	85	(2) court costs and reasonable attorney's fees.
86	86	SECTION 3. (a) Section 33.0834, Education Code, as added by
87	87	this Act, applies beginning with the 2021-2022 school year.
88	88	(b) Section 51.980, Education Code, as added by this Act,
89	89	applies beginning with the 2021-2022 academic year.
90	90	SECTION 4. If any provision of this Act or its application
91	91	to any person or circumstance is held invalid, the invalidity does
92	92	not affect other provisions or applications of this Act that can be
93	93	given effect without the invalid provision or application, and to
94	94	this end the provisions of this Act are declared to be severable.
95	95	SECTION 5. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect on the 91st day after the last day of the
100	100	legislative session.