Texas 2023 - 88th Regular

Texas House Bill HB3883 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12338 EAS-D
2	2	By: Troxclair H.B. No. 3883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to general definitions for and collection of governmental
8	8	information regarding biological sex.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. FINDINGS. The legislature finds that:
11	11	(1) males and females possess unique immutable
12	12	biological differences that manifest prior to birth and increase as
13	13	individuals age and experience puberty;
14	14	(2) biological differences between the sexes mean that
15	15	only females are able to get pregnant, give birth, and breastfeed
16	16	children;
17	17	(3) biological differences between the sexes mean that
18	18	males are, on average, bigger, stronger, and faster than females;
19	19	(4) biological differences between the sexes leave
20	20	females more physically vulnerable than males to specific forms of
21	21	violence, including sexual violence;
22	22	(5) females have historically suffered discrimination
23	23	in education, athletics, and employment;
24	24	(6) biological differences between the sexes are
25	25	enduring and may, in some circumstances, warrant the creation of
26	26	separate social, educational, athletic, or other spaces in order to
27	27	ensure individuals' safety and allow members of each sex to succeed
28	28	and thrive;
29	29	(7) inconsistencies in court rulings and policy
30	30	initiatives with regard to the definitions of "sex," "male,"
31	31	"female," "man," and "woman" have led to endangerment of single-sex
32	32	spaces and resources, necessitating clarification of certain
33	33	terms;
34	34	(8) in the context of biological sex:
35	35	(A) "equal" does not mean "same" or "identical";
36	36	and
37	37	(B) separate is not inherently unequal;
38	38	(9) there are legitimate reasons to distinguish
39	39	between the sexes with respect to athletics, prisons and other
40	40	correctional facilities, domestic violence shelters, rape crisis
41	41	centers, locker rooms, restrooms, and other areas where biology,
42	42	safety, or privacy are implicated; and
43	43	(10) policies and laws that distinguish between the
44	44	sexes are subject to intermediate constitutional scrutiny, which
45	45	forbids unfair discrimination against similarly situated males and
46	46	females but allows the law to distinguish between the sexes where
47	47	such distinctions are substantially related to important
48	48	governmental objectives.
49	49	SECTION 2. Section 311.005, Government Code, is amended by
50	50	adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to
51	51	read as follows:
52	52	(14) "Boy" means a child of the male sex.
53	53	(15) "Father" means a parent of the male sex.
54	54	(16) "Female" and "woman" mean an individual whose
55	55	biological reproductive system is developed to produce ova.
56	56	(17) "Girl" means a child of the female sex.
57	57	(18) "Male" and "man" mean an individual whose
58	58	biological reproductive system is developed to fertilize the ova of
59	59	a female.
60	60	(19) "Mother" means a parent of the female sex.
61	61	(20) "Sex" means a person's biological sex, either
62	62	male or female.
63	63	SECTION 3. Chapter 2051, Government Code, is amended by
64	64	adding Subchapter G to read as follows:
65	65	SUBCHAPTER G. VITAL STATISTICS INFORMATION COLLECTION BY
66	66	GOVERNMENTAL ENTITY
67	67	Sec. 2051.251. DEFINITION. In this subchapter,
68	68	"governmental entity" has the meaning assigned by Section 2051.041.
69	69	Sec. 2051.252. VITAL STATISTICS INFORMATION COLLECTION BY
70	70	GOVERNMENTAL ENTITY. A governmental entity that collects vital
71	71	statistics information that identifies the biological sex of an
72	72	individual for the purpose of complying with antidiscrimination
73	73	laws or for the purpose of gathering public health, crime,
74	74	economic, or other data shall identify each individual as either
75	75	male or female.
76	76	SECTION 4. This Act takes effect September 1, 2023.