Texas 2021 - 87th 3rd C.S.

Texas House Bill HB65 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S30040 EAS-D
2	2	By: Krause H.B. No. 65
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of and professional liability insurance
8	8	coverage for gender transitioning or gender reassignment medical
9	9	procedures and treatments for certain children.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 161, Health and Safety Code, is amended
12	12	by adding Subchapter X to read as follows:
13	13	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
14	14	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
15	15	Sec. 161.701. DEFINITIONS. In this subchapter:
16	16	(1) "Child" means an individual who is younger than 18
17	17	years of age.
18	18	(2) "Health care provider" means a person other than a
19	19	physician who is licensed, certified, or otherwise authorized by
20	20	the laws of this state to provide or render health care or to
21	21	dispense or prescribe a prescription drug in the ordinary course of
22	22	business or practice of a profession.
23	23	(3) "Physician" means a person licensed to practice
24	24	medicine in this state.
25	25	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
26	26	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
27	27	CHILDREN. For the purpose of transitioning a child's biological
28	28	sex as determined by the sex organs, chromosomes, and endogenous
29	29	profiles of the child or affirming the child's perception of the
30	30	child's sex if that perception is inconsistent with the child's
31	31	biological sex, a physician or health care provider may not:
32	32	(1) perform a surgery that sterilizes the child,
33	33	including:
34	34	(A) castration;
35	35	(B) vasectomy;
36	36	(C) hysterectomy;
37	37	(D) oophorectomy;
38	38	(E) metoidioplasty;
39	39	(F) orchiectomy;
40	40	(G) penectomy;
41	41	(H) phalloplasty; and
42	42	(I) vaginoplasty;
43	43	(2) perform a mastectomy;
44	44	(3) prescribe, administer, or supply any of the
45	45	following medications that induce transient or permanent
46	46	infertility:
47	47	(A) puberty-blocking medication to stop or delay
48	48	normal puberty;
49	49	(B) supraphysiologic doses of testosterone to
50	50	females; or
51	51	(C) supraphysiologic doses of estrogen to males;
52	52	or
53	53	(4) remove any otherwise healthy or non-diseased body
54	54	part or tissue.
55	55	Sec. 161.703. EXCEPTIONS. (a) Section 161.702 does not
56	56	apply to a physician's or health care provider's provision, with the
57	57	consent of the child's parent or legal guardian, of appropriate and
58	58	medically necessary gender transitioning or gender reassignment
59	59	procedures or treatments to a child who:
60	60	(1) is born with a medically verifiable genetic
61	61	disorder of sex development, including:
62	62	(A) 46, XX chromosomes with virilization;
63	63	(B) 46, XY chromosomes with undervirilization;
64	64	or
65	65	(C) both ovarian and testicular tissue; or
66	66	(2) does not have the normal sex chromosome structure
67	67	for male or female as determined by a physician through genetic
68	68	testing.
69	69	(b) Section 161.702 does not apply to a physician's or
70	70	health care provider's provision of a puberty suppression or
71	71	blocking prescription drug to a child experiencing precocious
72	72	puberty for the purpose of normalizing puberty for the child.
73	73	Sec. 161.704. DISCIPLINARY ACTION. The Texas Medical Board
74	74	or another state regulatory agency with jurisdiction over a health
75	75	care provider subject to Section 161.702 shall revoke the license,
76	76	certification, or authorization of a physician or health care
77	77	provider who the board or agency determines has violated that
78	78	section.
79	79	SECTION 2. Subchapter F, Chapter 1901, Insurance Code, is
80	80	amended by adding Section 1901.256 to read as follows:
81	81	Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN
82	82	GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A
83	83	professional liability insurance policy issued to a physician or
84	84	health care provider may not include coverage for damages assessed
85	85	against the physician or health care provider who provides to a
86	86	child gender transitioning or gender reassignment procedures or
87	87	treatments that are prohibited by Section 161.702, Health and
88	88	Safety Code.
89	89	SECTION 3. Section 1901.256, Insurance Code, as added by
90	90	this Act, applies only to a medical professional liability
91	91	insurance policy that is delivered, issued for delivery, or renewed
92	92	on or after May 1, 2022. An insurance policy that is delivered,
93	93	issued for delivery, or renewed before May 1, 2022, is governed by
94	94	the law in effect immediately before the effective date of this Act,
95	95	and that law is continued in effect for that purpose.
96	96	SECTION 4. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect on the 91st day after the last day of the
101	101	legislative session.