By: Plesa H.B. No. 4137
A BILL TO BE ENTITLED
AN ACT
relating to the provision of contraceptive methods at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9186 to read as follows:
Sec. 51.9186. AVAILABILITY OF NON-PRESCRIPTION
CONTRACEPTIVE METHODS. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Non-Prescription Contraceptive Methods" Any
birth control option approved by the United States Food and Drug
Administration for sale over the counter without a prescription.
(b) Each institution of higher education shall make
non-prescription contraceptive methods, including but not limited
to condoms and emergency contraception, available free of charge or
through an automated vending machine in at least one public space
with twenty-four hour access and in at least one women's restroom
and all-gender restroom in on-campus residence halls.
SECTION 2. This Act applies beginning with the 2023-2024
academic year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.