Texas 2023 - 88th Regular

Texas Senate Bill SB649

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to participation in athletic activities based on biological sex; providing a civil right to action for K-12 athletes and college athletes.

Impact

The proposed legislation would significantly amend the current framework of athletic participation laws in Texas. By enforcing participation based on biological sex, the bill would override any existing policies that allow for transgender athletes to compete in accordance with their gender identity. The bill includes provisions that allow affected students to bring civil actions against schools that violate the law, enabling them to seek remedies including damages and attorney's fees. This could lead to increased legal actions and challenges against educational institutions over enforcement of the statute.

Summary

SB649, also known as the Save Women's Sports Act, seeks to mandate that participation in athletic activities in schools and universities in Texas be based strictly on biological sex. The bill stipulates that students must participate in sports corresponding to the sex indicated on their official birth certificates, unless there is no corresponding female team available, in which case females are permitted to join male teams. This legislation aims to protect what the proponents describe as the rights of female athletes and ensure fair competition in sports contexts.

Sentiment

Discussions surrounding SB649 evoke starkly contrasting sentiments. Supporters assert that the bill is necessary to safeguard women's sports and promote fairness in competitive athletics, emphasizing the benefits of maintaining clear distinctions based on biological sex. Conversely, opponents view the bill as discriminatory, arguing that it undermines the rights of transgender individuals and fails to recognize the complexities of gender identity. This polarization reflects broader societal divides regarding gender and inclusivity in sports.

Contention

Notable points of contention include the bill's implications for transgender athletes, who may be barred from competing according to their gender identity. Critics express concern that such a law could lead to stigmatization and marginalization of these athletes, hindering their participation in sports. Additionally, the potential for a surge in litigation against schools poses challenges for educational institutions, as they navigate compliance with new regulatory frameworks while addressing community concerns about fairness and inclusivity in athletics.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 33. Service Programs And Extracurricular Activities
    • Section: 0834
  • Chapter 51. Provisions Generally Applicable To Higher Education
    • Section: 982

Civil Practice And Remedies Code

  • Chapter 30. Miscellaneous Provisions
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

SC S0322

Free Speech

TX SB2

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

TX HB84

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

TX SB27

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

TX HB100

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

TX HB274

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

TX SB40

Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.

SD HB1177

Require an employee of a school district, the Board of Regents, or the South Dakota Board of Technical Education to receive permission of a parent or guardian of an unemancipated minor student before addressing the student with a name other than the student's legal name and to prohibit the compulsory use of gendered language inconsistent with sex.