Texas 2025 - 89th Regular

Texas House Bill HB1123 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Lopez of Cameron H.B. No. 1123
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to interscholastic athletic competition based on
9	9	biological sex, requirements for physical examinations and genetic
10	10	testing in interscholastic athletics, and the adoption of rules by
11	11	the University Interscholastic League to implement these
12	12	requirements.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter D, Chapter 33, Education Code,
15	15	Section 33.0834 is amended to read as follows:
16	16	Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
17	17	ON BIOLOGICAL SEX. (a) Except as provided by Subsection (c) [(b)],
18	18	an interscholastic athletic team sponsored or authorized by a
19	19	school district or open-enrollment charter school may not allow a
20	20	student to compete in an interscholastic athletic competition
21	21	sponsored or authorized by the district or school that is
22	22	designated for the biological sex opposite to the student's
23	23	biological sex as correctly stated on:
24	24	(1) the student's official birth certificate, as
25	25	described by Subsection (d) [(c)]; or
26	26	(2) if the student's official birth certificate
27	27	described by Subdivision (1) is unobtainable, another government
28	28	record.
29	29	(b) A student may not compete in an interscholastic athletic
30	30	competition designated for a particular biological sex if the
31	31	student's chromosomal sex does not match the biological sex
32	32	assigned at birth as described in subsection (a). This
33	33	determination shall be made based on clinical evidence, including
34	34	genetic testing results provided by a licensed medical professional
35	35	under Section 33.098.
36	36	(c) [(b)] An interscholastic athletic team described by
37	37	Subsection (a) may allow a female student to compete in an
38	38	interscholastic athletic competition that is designated for male
39	39	students if a corresponding interscholastic athletic competition
40	40	designated for female students is not offered or available.
41	41	(d) [(c)] For purposes of this section, a statement of a
42	42	student's biological sex on the student's official birth
43	43	certificate is considered to have correctly stated the student's
44	44	biological sex only if the statement was:
45	45	(1) entered at or near the time of the student's birth;
46	46	or
47	47	(2) modified to correct any type of scrivener or
48	48	clerical error in the student's biological sex.
49	49	(e) [(d)] The University Interscholastic League shall adopt
50	50	rules to implement this section, provided that the rules must be
51	51	approved by the commissioner in accordance with Section 33.083(b).
52	52	The rules must ensure compliance with state and federal law
53	53	regarding the confidentiality of student medical information,
54	54	including Chapter 181, Health and Safety Code, and the Health
55	55	Insurance Portability and Accountability Act of 1996 (42 U.S.C.
56	56	Section 1320d et seq.).
57	57	SECTION 2. Subchapter D, Chapter 33, Education Code, is
58	58	amended by adding Section 33.098 to read as follows:
59	59	Sec. 33.098. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND
60	60	GENETIC TESTING IN INTERSCHOLASTIC ATHLETICS. (a) A licensed
61	61	physician conducting a physical examination for a student seeking
62	62	to participate in an interscholastic athletic activity must not
63	63	approve the Physical Examination Form if the licensed physician,
64	64	based on their expertise, reasonably suspects that the student's
65	65	chromosomal makeup is inconsistent with the biological sex assigned
66	66	to the student at birth.
67	67	(b) If a licensed physician suspects a student has
68	68	chromosomal characteristics that are different from the biological
69	69	sex assigned at birth, the licensed physician must refer the
70	70	student for genetic testing to confirm the student's chromosomal
71	71	sex.
72	72	(c) The University Interscholastic League (UIL) shall adopt
73	73	rules as necessary to administer this chapter. These rules must
74	74	include procedures for ensuring that physical examinations are
75	75	conducted properly, including provisions for addressing cases
76	76	where a physician suspects a discrepancy between a student's
77	77	assigned sex at birth and their chromosomal sex.
78	78	(e) This chapter does not create a cause of action or
79	79	liability, nor does it establish a standard of care, obligation, or
80	80	duty that provides a basis for a cause of action or liability
81	81	against any licensed health care professional, the University
82	82	Interscholastic League, a school district, or any district officer
83	83	or employee for an injury or death of a student participating in or
84	84	practicing for an athletic activity sponsored or sanctioned by the
85	85	University Interscholastic League based on or in connection with
86	86	the administration or interpretation of this section.
87	87	SECTION 3. This Act applies beginning with the 2025-2026
88	88	school year.
89	89	SECTION 4. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect on the 60th day after the last day of the
94	94	legislative session.