Texas 2021 - 87th 3rd C.S.

Texas House Bill HB25 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 25
	1	+	By: Swanson, et al. (Senate Sponsor - Perry) H.B. No. 25
	2	+	(In the Senate - Received from the House October 15, 2021;
	3	+	October 15, 2021, read first time and referred to Committee on
	4	+	Health & Human Services; October 15, 2021, reported favorably by
	5	+	the following vote: Yeas 6, Nays 3; October 15, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to requiring public school students to compete in
6	13		interscholastic athletic competitions based on biological sex.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. The legislature finds that:
9	16		(1) historically, boys participate in interscholastic
10	17		athletics at a higher rate than girls, and a noticeable disparity
11	18		continues between the athletic participation rates of students who
12	19		are girls and students who are boys in University Interscholastic
13	20		League member schools;
14	21		(2) courts have recognized a legitimate and important
15	22		governmental interest in redressing past discrimination against
16	23		girls in athletics on the basis of sex and promoting equality of
17	24		athletic opportunity between the sexes under Title IX of the
18	25		Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), a
19	26		federal civil rights statute; and
20	27		(3) courts have recognized that classification by sex
21	28		is the only feasible classification to promote the governmental
22	29		interest of providing for interscholastic athletic opportunities
23	30		for girls.
24	31		SECTION 2. The purpose of this Act is to further the
25	32		governmental interest of ensuring that sufficient interscholastic
26	33		athletic opportunities remain available for girls to remedy past
27	34		discrimination on the basis of sex.
28	35		SECTION 3. Subchapter D, Chapter 33, Education Code, is
29	36		amended by adding Section 33.0834 to read as follows:
30	37		Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
31		-	ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an
	38	+	ON BIOLOGICAL SEX. (a) In this section, "biological sex" means the
	39	+	physical condition of being male or female as determined by the sex
	40	+	organs, chromosomes, and endogenous profile of the individual at
	41	+	birth.
	42	+	(b) Except as provided by Subsection (c), an
32	43		interscholastic athletic team sponsored or authorized by a school
33	44		district or open-enrollment charter school may not allow a student
34	45		to compete in an interscholastic athletic competition sponsored or
35	46		authorized by the district or school that is designated for the
36	47		biological sex opposite to the student's biological sex as
37	48		correctly stated on:
38	49		(1) the student's official birth certificate, as
39		-	described by Subsection (c); or
	50	+	described by Subsection (d); or
40	51		(2) if the student's official birth certificate
41	52		described by Subdivision (1) is unobtainable, another government
42	53		record.
43		-	(b) An interscholastic athletic team described by
44		-	Subsection (a) may allow a female student to compete in an
	54	+	(c) An interscholastic athletic team described by
	55	+	Subsection (b) may allow a female student to compete in an
45	56		interscholastic athletic competition that is designated for male
46	57		students if a corresponding interscholastic athletic competition
47	58		designated for female students is not offered or available.
48		-	(c) For purposes of this section, a statement of a student's
	59	+	(d) For purposes of this section, a statement of a student's
49	60		biological sex on the student's official birth certificate is
50	61		considered to have correctly stated the student's biological sex
51	62		only if the statement was:
52	63		(1) entered at or near the time of the student's birth;
53	64		or
54	65		(2) modified to correct any type of scrivener or
55	66		clerical error in the student's biological sex.
56		-	(d) The University Interscholastic League shall adopt rules
	67	+	(e) The University Interscholastic League shall adopt rules
57	68		to implement this section, provided that the rules must be approved
58	69		by the commissioner in accordance with Section 33.083(b). The
59	70		rules must ensure compliance with state and federal law regarding
60	71		the confidentiality of student medical information, including
61	72		Chapter 181, Health and Safety Code, and the Health Insurance
62	73		Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
63	74		et seq.).
64	75		SECTION 4. This Act applies to any interscholastic athletic
65	76		competition sponsored or authorized by a school district or
66	77		open-enrollment charter school that occurs on or after the
67	78		effective date of this Act.
68	79		SECTION 5. This Act takes effect immediately if it receives
69	80		a vote of two-thirds of all the members elected to each house, as
70	81		provided by Section 39, Article III, Texas Constitution. If this
71	82		Act does not receive the vote necessary for immediate effect, this
72	83		Act takes effect on the 91st day after the last day of the
73	84		legislative session.
74		-	______________________________ ______________________________
75		-	President of the Senate Speaker of the House
76		-	I certify that H.B. No. 25 was passed by the House on October
77		-	14, 2021, by the following vote: Yeas 76, Nays 54, 1 present, not
78		-	voting; and that the House concurred in Senate amendments to H.B.
79		-	No. 25 on October 17, 2021, by the following vote: Yeas 76, Nays
80		-	61, 1 present, not voting.
81		-	______________________________
82		-	Chief Clerk of the House
83		-	I certify that H.B. No. 25 was passed by the Senate, with
84		-	amendments, on October 15, 2021, by the following vote: Yeas 19,
85		-	Nays 12.
86		-	______________________________
87		-	Secretary of the Senate
88		-	APPROVED: __________________
89		-	Date
90		-	__________________
91		-	Governor
	85	+	* * * * *