By: Middleton, et al. S.B. No. 15
(In the Senate - Filed March 8, 2023; March 9, 2023, read
first time and referred to Committee on State Affairs;
March 21, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 3; March 21, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 15 By: Middleton
A BILL TO BE ENTITLED
AN ACT
relating to requiring public institution of higher education
students who compete in intercollegiate athletic competitions to
compete based on biological sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.980 to read as follows:
Sec. 51.980. INTERCOLLEGIATE ATHLETIC COMPETITION BASED ON
BIOLOGICAL SEX. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003.
(b) Except as provided by Subsection (c), an
intercollegiate athletic team sponsored or authorized by an
institution of higher education may not allow a student to compete
on the team in an intercollegiate athletic competition sponsored or
authorized by the institution that is designated for the biological
sex opposite to the student's biological sex as correctly stated
on:
(1) the student's official birth certificate, as
described by Subsection (d); or
(2) if the student's official birth certificate
described by Subdivision (1) is unobtainable, another government
record that accurately states the student's biological sex.
(c) An intercollegiate athletic team described by
Subsection (b) may allow a female student to compete in an
intercollegiate athletic competition that is designated for male
students if a corresponding intercollegiate athletic competition
designated for female students is not offered or available.
(d) For purposes of this section, a statement of a student's
biological sex on the student's official birth certificate is
considered to have correctly stated the student's biological sex
only if the statement was:
(1) entered at or near the time of the student's birth;
or
(2) modified to correct a scrivener or clerical error
in the student's biological sex.
(e) An institution of higher education or an
intercollegiate athletic team described by Subsection (b) may not
retaliate against a person for reporting a violation of this
section.
(f) A person may bring a civil action for injunctive relief
against an institution of higher education or an intercollegiate
athletic team described by Subsection (b) that violates this
section.
(g) The Texas Higher Education Coordinating Board shall
adopt rules to implement this section. The rules must ensure
compliance with state and federal law regarding the confidentiality
of student medical information, including Chapter 181, Health and
Safety Code, and the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
SECTION 2. This Act applies to any intercollegiate athletic
competition sponsored or authorized by a public institution of
higher education that occurs on or after the effective date of this
Act.
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.
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