Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB17 Compare Versions

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

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