Texas 2023 - 88th Regular

Texas Senate Bill SB15 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 15
2	2
3	3
4	4	AN ACT
5	5	relating to requiring public institution of higher education
6	6	students who compete in intercollegiate athletic competitions to
7	7	compete based on biological sex.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Save Women's Sports
10	10	Act.
11	11	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
12	12	amended by adding Section 51.980 to read as follows:
13	13	Sec. 51.980. INTERCOLLEGIATE ATHLETIC COMPETITION BASED ON
14	14	BIOLOGICAL SEX. (a) In this section:
15	15	(1) "Athletic competition" means any athletic display
16	16	between teams or individuals, such as a contest, exhibition,
17	17	performance, or sport.
18	18	(2) "Institution of higher education" has the meaning
19	19	assigned by Section 61.003.
20	20	(b) Except as provided by Subsection (c), an
21	21	intercollegiate athletic team sponsored or authorized by an
22	22	institution of higher education may not allow:
23	23	(1) a student to compete on the team in an
24	24	intercollegiate athletic competition sponsored or authorized by
25	25	the institution that is designated for the biological sex opposite
26	26	to the student's biological sex; or
27	27	(2) a male student to compete on the team in a
28	28	mixed-sex intercollegiate athletic competition sponsored or
29	29	authorized by the institution in a position that is designated by
30	30	rule or procedure for female students.
31	31	(c) An intercollegiate athletic team described by
32	32	Subsection (b) may allow a female student to compete in an
33	33	intercollegiate athletic competition that is designated for male
34	34	students if a corresponding intercollegiate athletic competition
35	35	designated for female students is not offered or available.
36	36	(d) For purposes of this section:
37	37	(1) a student's biological sex is the biological sex
38	38	correctly stated on:
39	39	(A) the student's official birth certificate, as
40	40	described by Subdivision (2); or
41	41	(B) if the student's official birth certificate
42	42	described by Paragraph (A) is unobtainable, another government
43	43	record that accurately states the student's biological sex; and
44	44	(2) a statement of a student's biological sex on the
45	45	student's official birth certificate is considered to have
46	46	correctly stated the student's biological sex only if the statement
47	47	was:
48	48	(A) entered at or near the time of the student's
49	49	birth; or
50	50	(B) modified to correct a scrivener or clerical
51	51	error in the student's biological sex.
52	52	(e) An institution of higher education or an
53	53	intercollegiate athletic team described by Subsection (b) may not
54	54	retaliate against a person for reporting a violation of this
55	55	section.
56	56	(f) A person may bring a civil action for injunctive relief
57	57	against an institution of higher education or an intercollegiate
58	58	athletic team described by Subsection (b) that violates this
59	59	section.
60	60	(g) The Texas Higher Education Coordinating Board shall
61	61	adopt rules to implement this section. The rules must ensure
62	62	compliance with state and federal law regarding the confidentiality
63	63	of student medical information, including Chapter 181, Health and
64	64	Safety Code, and the Health Insurance Portability and
65	65	Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
66	66	SECTION 3. This Act applies to any intercollegiate athletic
67	67	competition sponsored or authorized by a public institution of
68	68	higher education that occurs on or after the effective date of this
69	69	Act.
70	70	SECTION 4. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2023.
75	75	______________________________ ______________________________
76	76	President of the Senate Speaker of the House
77	77	I hereby certify that S.B. No. 15 passed the Senate on
78	78	March 29, 2023, by the following vote: Yeas 19, Nays 10,
79	79	two present not voting; and that the Senate concurred in House
80	80	amendment on May 26, 2023, by the following vote: Yeas 19,
81	81	Nays 12.
82	82	______________________________
83	83	Secretary of the Senate
84	84	I hereby certify that S.B. No. 15 passed the House, with
85	85	amendment, on May 18, 2023, by the following vote: Yeas 95,
86	86	Nays 50, three present not voting.
87	87	______________________________
88	88	Chief Clerk of the House
89	89	Approved:
90	90	______________________________
91	91	Date
92	92	______________________________
93	93	Governor