Texas 2023 - 88th Regular

Texas House Bill HB4534 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13823 GCB-D
2	2	By: Schatzline H.B. No. 4534
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a policy prohibiting public school employees from
8	8	assisting a student with social transitioning and to the loss of
9	9	state funding for a violation by a public school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 11, Education Code, is amended by adding
12	12	Subchapter I to read as follows:
13	13	SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED
14	14	Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL
15	15	TRANSITIONING PROHIBITED. (a) In this subchapter, "social
16	16	transitioning" means a person's transition from the gender identity
17	17	associated with the person's biological sex assigned at birth to an
18	18	alternative gender identity through the adoption of a different
19	19	name, different pronouns, or other expressions of gender, including
20	20	clothing and hairstyles, that are:
21	21	(1) typically associated with the biological sex
22	22	opposite of the person's biological sex assigned at birth; and
23	23	(2) intended to communicate the person's alternative
24	24	gender identity.
25	25	(b) The board of trustees of a school district shall adopt a
26	26	policy prohibiting an employee of the district from assisting a
27	27	student enrolled in the district with social transitioning,
28	28	including by providing any information about social transitioning
29	29	or providing guidelines intended to assist a person with social
30	30	transitioning.
31	31	(c) A parent of a student enrolled in the district or a
32	32	district employee may report to the board of trustees of the
33	33	district a suspected violation of the policy adopted under
34	34	Subsection (b). The board shall investigate any suspected
35	35	violation and determine whether the violation occurred. If the
36	36	board determines that a district employee has assisted a student
37	37	enrolled at the district with social transitioning, the board shall
38	38	immediately report the violation to the commissioner.
39	39	(d) If the commissioner finds on an appeal under Section
40	40	7.057 that a school district has violated this section, or if the
41	41	board of trustees of a district notifies the commissioner about a
42	42	violation of the district's policy adopted under Subsection (b),
43	43	notwithstanding any other law, the commissioner shall withhold the
44	44	funding to which the district is entitled under Chapters 46, 48, and
45	45	49 for the school year during which the violation occurred. The
46	46	commissioner may adjust the district's entitlement to funding under
47	47	those chapters for subsequent school years as necessary to recover
48	48	any state funding already paid to the district for the school year
49	49	in which the violation occurred.
50	50	SECTION 2. Section 12.104, Education Code, is amended by
51	51	adding Subsection (b-5) to read as follows:
52	52	(b-5) Section 11.401 applies to an open-enrollment charter
53	53	school as though the governing body of the school were the board of
54	54	trustees of a school district.
55	55	SECTION 3. This Act applies beginning with the 2023-2024
56	56	school year.
57	57	SECTION 4. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2023.