| 1 | 1 | | By: Plesa H.B. No. 4137 |
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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 contraceptive methods at public |
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| 7 | 7 | | institutions of higher education. |
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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. Subchapter Z, Chapter 51, Education Code, is |
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| 10 | 10 | | amended by adding Section 51.9186 to read as follows: |
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| 11 | 11 | | Sec. 51.9186. AVAILABILITY OF NON-PRESCRIPTION |
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| 12 | 12 | | CONTRACEPTIVE METHODS. (a) In this section: |
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| 13 | 13 | | (1) "Institution of higher education" has the meaning |
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| 14 | 14 | | assigned by Section 61.003. |
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| 15 | 15 | | (2) "Non-Prescription Contraceptive Methods" Any |
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| 16 | 16 | | birth control option approved by the United States Food and Drug |
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| 17 | 17 | | Administration for sale over the counter without a prescription. |
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| 18 | 18 | | (b) Each institution of higher education shall make |
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| 19 | 19 | | non-prescription contraceptive methods, including but not limited |
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| 20 | 20 | | to condoms and emergency contraception, available free of charge or |
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| 21 | 21 | | through an automated vending machine in at least one public space |
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| 22 | 22 | | with twenty-four hour access and in at least one women's restroom |
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| 23 | 23 | | and all-gender restroom in on-campus residence halls. |
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| 24 | 24 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 25 | 25 | | academic year. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2023. |
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