| 1 | | - | By: Perry, et al. S.B. No. 3 |
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| 1 | + | By: Perry S.B. No. 3 |
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| 2 | + | (In the Senate - Filed September 20, 2021; September 20, 2021, |
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| 3 | + | read first time and referred to Committee on Health & Human Services; |
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| 4 | + | September 21, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 6, Nays 3; September 21, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 2 | 7 | | |
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| 3 | 8 | | |
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| 4 | 9 | | A BILL TO BE ENTITLED |
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| 5 | 10 | | AN ACT |
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| 6 | 11 | | relating to requiring public school students to compete in |
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| 7 | 12 | | interscholastic athletic competitions based on biological sex. |
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| 8 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 14 | | SECTION 1. Subchapter D, Chapter 33, Education Code, is |
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| 10 | 15 | | amended by adding Section 33.0834 to read as follows: |
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| 11 | 16 | | Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED |
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| 12 | 17 | | ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an |
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| 13 | 18 | | interscholastic athletic team sponsored or authorized by a school |
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| 14 | 19 | | district or open-enrollment charter school may not allow a student |
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| 15 | 20 | | to compete in an interscholastic athletic competition sponsored or |
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| 16 | 21 | | authorized by the district or school that is designated for the |
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| 17 | 22 | | biological sex opposite to the student's biological sex as |
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| 18 | 23 | | correctly stated on: |
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| 19 | 24 | | (1) the student's official birth certificate, as |
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| 20 | 25 | | described by Subsection (c); or |
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| 21 | 26 | | (2) if the student's official birth certificate |
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| 22 | 27 | | described by Subdivision (1) is unobtainable, another government |
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| 23 | 28 | | record. |
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| 24 | 29 | | (b) An interscholastic athletic team described by |
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| 25 | 30 | | Subsection (a) may allow a female student to compete in an |
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| 26 | 31 | | interscholastic athletic competition that is designated for male |
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| 27 | 32 | | students if a corresponding interscholastic athletic competition |
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| 28 | 33 | | designated for female students is not offered or available. |
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| 29 | 34 | | (c) For purposes of this section, a statement of a student's |
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| 30 | 35 | | biological sex on the student's official birth certificate is |
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| 31 | 36 | | considered to have correctly stated the student's biological sex |
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| 32 | 37 | | only if the statement was: |
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| 33 | 38 | | (1) entered at or near the time of the student's birth; |
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| 34 | 39 | | or |
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| 35 | 40 | | (2) modified to correct a clerical error in the |
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| 36 | 41 | | student's biological sex. |
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| 37 | 42 | | (d) The University Interscholastic League shall adopt rules |
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| 38 | 43 | | to implement this section, provided that the rules must be approved |
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| 39 | 44 | | by the commissioner in accordance with Section 33.083(b). |
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| 40 | 45 | | SECTION 2. This Act applies to any interscholastic athletic |
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| 41 | 46 | | competition sponsored or authorized by a school district or |
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| 42 | 47 | | open-enrollment charter school that occurs on or after the |
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| 43 | 48 | | effective date of this Act. |
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| 44 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 53 | | Act takes effect on the 91st day after the last day of the |
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| 49 | 54 | | legislative session. |
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