By: Hall S.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain gender-affirming therapy and
counseling to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. GENDER-AFFIRMING THERAPY AND COUNSELING FOR CHILDREN
Sec. 161.701. DEFINITIONS. In this subchapter:
(1) "Child" means an individual who is younger than 18
years of age.
(2) "Governmental entity" means this state, a
political subdivision of this state, or an agency of this state or a
political subdivision of this state.
(3) "Mental health provider" means a person licensed
by this state to provide professional therapy or counseling
services.
Sec. 161.702. PROVISION OF CERTAIN GENDER-AFFIRMING
THERAPY AND COUNSELING TO CHILDREN. (a) A mental health provider
may not provide gender-affirming therapy or counseling to a child
to treat gender dysphoria if the purpose of the therapy or
counseling is to affirm a gender that is inconsistent with the
child's biological sex, as determined by the sex organs,
chromosomes, and endogenous profiles of the child.
(b) A governmental entity may not prohibit or restrict in
any manner a mental health provider from providing gender-affirming
therapy or counseling to a child for the purpose of affirming the
gender of the child that is consistent with the child's biological
sex, as determined by the sex organs, chromosomes, and endogenous
profiles of the child, including therapy or counseling to help
achieve the child's objectives of reducing, resolving, or
addressing behaviors, mannerisms, or expressions related to gender
identity or dysphoria.
Sec. 161.703. INJUNCTIVE RELIEF. (a) A mental health
provider who is prohibited or restricted from providing
gender-affirming therapy or counseling to a child in violation of
Section 161.702(b) or the child who is the subject of the violation
may bring an action in a district court in the county in which the
violation occurred for injunctive relief to prevent further
violation of that subsection.
(b) A claimant may recover reasonable expenses incurred in
bringing an action under this section, including court costs,
attorney's fees, investigation costs, witness fees, and deposition
expenses.
SECTION 2. This Act takes effect December 1, 2021.