| 1 | 1 | | 87S30042 KJE-D |
|---|
| 2 | 2 | | By: Swanson H.B. No. 10 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring public school students to compete in |
|---|
| 8 | 8 | | interscholastic athletic competitions based on biological sex. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 33.0834 to read as follows: |
|---|
| 12 | 12 | | Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED |
|---|
| 13 | 13 | | ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an |
|---|
| 14 | 14 | | interscholastic athletic team sponsored or authorized by a school |
|---|
| 15 | 15 | | district or open-enrollment charter school may not allow a student |
|---|
| 16 | 16 | | to compete in an interscholastic athletic competition sponsored or |
|---|
| 17 | 17 | | authorized by the district or school that is designated for the |
|---|
| 18 | 18 | | biological sex opposite to the student's biological sex as |
|---|
| 19 | 19 | | correctly stated on: |
|---|
| 20 | 20 | | (1) the student's official birth certificate, as |
|---|
| 21 | 21 | | described by Subsection (c); or |
|---|
| 22 | 22 | | (2) if the student's official birth certificate |
|---|
| 23 | 23 | | described by Subdivision (1) is unobtainable, another government |
|---|
| 24 | 24 | | record. |
|---|
| 25 | 25 | | (b) An interscholastic athletic team described by |
|---|
| 26 | 26 | | Subsection (a) may allow a female student to compete in an |
|---|
| 27 | 27 | | interscholastic athletic competition that is designated for male |
|---|
| 28 | 28 | | students if a corresponding interscholastic athletic competition |
|---|
| 29 | 29 | | designated for female students is not offered or available. |
|---|
| 30 | 30 | | (c) For purposes of this section, a statement of a student's |
|---|
| 31 | 31 | | biological sex on the student's official birth certificate is |
|---|
| 32 | 32 | | considered to have correctly stated the student's biological sex |
|---|
| 33 | 33 | | only if the statement was: |
|---|
| 34 | 34 | | (1) entered at or near the time of the student's birth; |
|---|
| 35 | 35 | | or |
|---|
| 36 | 36 | | (2) modified to correct a clerical error in the |
|---|
| 37 | 37 | | student's biological sex. |
|---|
| 38 | 38 | | (d) The University Interscholastic League shall adopt rules |
|---|
| 39 | 39 | | to implement this section, provided that the rules must be approved |
|---|
| 40 | 40 | | by the commissioner in accordance with Section 33.083(b). |
|---|
| 41 | 41 | | SECTION 2. This Act applies to any interscholastic athletic |
|---|
| 42 | 42 | | competition sponsored or authorized by a school district or |
|---|
| 43 | 43 | | open-enrollment charter school that occurs on or after the |
|---|
| 44 | 44 | | effective date of this Act. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 49 | 49 | | Act takes effect on the 91st day after the last day of the |
|---|
| 50 | 50 | | legislative session. |
|---|