| 1 | 1 | | By: Hall S.B. No. 15 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the provision of certain gender-affirming therapy and |
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| 7 | 7 | | counseling to children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Subchapter X to read as follows: |
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| 11 | 11 | | SUBCHAPTER X. GENDER-AFFIRMING THERAPY AND COUNSELING FOR CHILDREN |
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| 12 | 12 | | Sec. 161.701. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Child" means an individual who is younger than 18 |
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| 14 | 14 | | years of age. |
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| 15 | 15 | | (2) "Governmental entity" means this state, a |
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| 16 | 16 | | political subdivision of this state, or an agency of this state or a |
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| 17 | 17 | | political subdivision of this state. |
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| 18 | 18 | | (3) "Mental health provider" means a person licensed |
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| 19 | 19 | | by this state to provide professional therapy or counseling |
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| 20 | 20 | | services. |
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| 21 | 21 | | Sec. 161.702. PROVISION OF CERTAIN GENDER-AFFIRMING |
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| 22 | 22 | | THERAPY AND COUNSELING TO CHILDREN. (a) A mental health provider |
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| 23 | 23 | | may not provide gender-affirming therapy or counseling to a child |
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| 24 | 24 | | to treat gender dysphoria if the purpose of the therapy or |
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| 25 | 25 | | counseling is to affirm a gender that is inconsistent with the |
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| 26 | 26 | | child's biological sex, as determined by the sex organs, |
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| 27 | 27 | | chromosomes, and endogenous profiles of the child. |
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| 28 | 28 | | (b) A governmental entity may not prohibit or restrict in |
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| 29 | 29 | | any manner a mental health provider from providing gender-affirming |
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| 30 | 30 | | therapy or counseling to a child for the purpose of affirming the |
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| 31 | 31 | | gender of the child that is consistent with the child's biological |
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| 32 | 32 | | sex, as determined by the sex organs, chromosomes, and endogenous |
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| 33 | 33 | | profiles of the child, including therapy or counseling to help |
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| 34 | 34 | | achieve the child's objectives of reducing, resolving, or |
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| 35 | 35 | | addressing behaviors, mannerisms, or expressions related to gender |
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| 36 | 36 | | identity or dysphoria. |
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| 37 | 37 | | Sec. 161.703. INJUNCTIVE RELIEF. (a) A mental health |
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| 38 | 38 | | provider who is prohibited or restricted from providing |
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| 39 | 39 | | gender-affirming therapy or counseling to a child in violation of |
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| 40 | 40 | | Section 161.702(b) or the child who is the subject of the violation |
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| 41 | 41 | | may bring an action in a district court in the county in which the |
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| 42 | 42 | | violation occurred for injunctive relief to prevent further |
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| 43 | 43 | | violation of that subsection. |
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| 44 | 44 | | (b) A claimant may recover reasonable expenses incurred in |
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| 45 | 45 | | bringing an action under this section, including court costs, |
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| 46 | 46 | | attorney's fees, investigation costs, witness fees, and deposition |
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| 47 | 47 | | expenses. |
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| 48 | 48 | | SECTION 2. This Act takes effect December 1, 2021. |
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