By: Slaton H.B. No. 102
A BILL TO BE ENTITLED
AN ACT
relating to requiring public school and public institution of
higher education students to participate in interscholastic
athletic activities based on biological sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0834 to read as follows:
Sec. 33.0834. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED
ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
interscholastic athletic team sponsored or authorized by a school
district or open-enrollment charter school may not allow a student
to participate in an interscholastic athletic activity sponsored or
authorized by the district or school that is designated for the
biological sex opposite to the student's biological sex as
determined at the student's birth and correctly stated on the
student's official birth certificate.
(b) An interscholastic athletic team described by
Subsection (a) may allow a female student to participate in an
interscholastic athletic activity that is designated for male
students if a corresponding interscholastic athletic activity
designated for female students is not offered or available.
(c) For purposes of this section, a statement of a student's
biological sex on the student's official birth certificate is
considered to have correctly stated the student's biological sex as
determined at the student's birth if the statement was:
(1) entered at or near the time of the student's birth,
as determined by University Interscholastic League rule; or
(2) modified to correct a clerical error in the
student's biological sex.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.980 to read as follows:
Sec. 51.980. INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED
ON BIOLOGICAL SEX. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003.
(b) Except as provided by Subsection (c), an
interscholastic athletic team sponsored or authorized by an
institution of higher education may not allow a student to
participate in an interscholastic athletic activity sponsored or
authorized by the institution that is designated for the biological
sex opposite to the student's biological sex as determined at the
student's birth and correctly stated on the student's official
birth certificate.
(c) An interscholastic athletic team described by
Subsection (b) may allow a female student to participate in an
interscholastic athletic activity that is designated for male
students if a corresponding interscholastic athletic activity
designated for female students is not offered or available.
(d) For purposes of this section, a statement of a student's
biological sex on the student's official birth certificate is
considered to have correctly stated the student's biological sex as
determined at the student's birth if the statement was:
(1) entered at or near the time of the student's birth,
as determined by Texas Higher Education Coordinating Board rule; or
(2) modified to correct a clerical error in the
student's biological sex.
SECTION 3. (a) Section 33.0834, Education Code, as added by
this Act, applies beginning with the 2021-2022 school year.
(b) Section 51.980, Education Code, as added by this Act,
applies beginning with the 2021-2022 academic year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.