87S30042 KJE-D
By: Swanson H.B. No. 10
A BILL TO BE ENTITLED
AN ACT
relating to requiring public school students to compete in
interscholastic athletic competitions 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 COMPETITION 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 compete in an interscholastic athletic competition sponsored or
authorized by the district or school that is designated for the
biological sex opposite to the student's biological sex as
correctly stated on:
(1) the student's official birth certificate, as
described by Subsection (c); or
(2) if the student's official birth certificate
described by Subdivision (1) is unobtainable, another government
record.
(b) An interscholastic athletic team described by
Subsection (a) may allow a female student to compete in an
interscholastic athletic competition that is designated for male
students if a corresponding interscholastic athletic competition
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
only if the statement was:
(1) entered at or near the time of the student's birth;
or
(2) modified to correct a clerical error in the
student's biological sex.
(d) The University Interscholastic League shall adopt rules
to implement this section, provided that the rules must be approved
by the commissioner in accordance with Section 33.083(b).
SECTION 2. This Act applies to any interscholastic athletic
competition sponsored or authorized by a school district or
open-enrollment charter school that occurs on or after the
effective date of this Act.
SECTION 3. 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.