By: Lopez of Cameron H.B. No. 1123
A BILL TO BE ENTITLED
AN ACT
relating to interscholastic athletic competition based on
biological sex, requirements for physical examinations and genetic
testing in interscholastic athletics, and the adoption of rules by
the University Interscholastic League to implement these
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code,
Section 33.0834 is amended to read as follows:
Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED
ON BIOLOGICAL SEX. (a) Except as provided by Subsection (c) [(b)],
an interscholastic athletic team sponsored or authorized by a
school district or open-enrollment charter school may not allow a
student to compete in an interscholastic athletic competition
sponsored or authorized by the district or school 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) [(c)]; or
(2) if the student's official birth certificate
described by Subdivision (1) is unobtainable, another government
record.
(b) A student may not compete in an interscholastic athletic
competition designated for a particular biological sex if the
student's chromosomal sex does not match the biological sex
assigned at birth as described in subsection (a). This
determination shall be made based on clinical evidence, including
genetic testing results provided by a licensed medical professional
under Section 33.098.
(c) [(b)] An interscholastic athletic team described by
Subsection (a) may allow a female student to compete in an
interscholastic athletic competition that is designated for male
students if a corresponding interscholastic athletic competition
designated for female students is not offered or available.
(d) [(c)] 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 any type of scrivener or
clerical error in the student's biological sex.
(e) [(d)] The University Interscholastic League shall adopt
rules to implement this section, provided that the rules must be
approved by the commissioner in accordance with Section 33.083(b).
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. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.098 to read as follows:
Sec. 33.098. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND
GENETIC TESTING IN INTERSCHOLASTIC ATHLETICS. (a) A licensed
physician conducting a physical examination for a student seeking
to participate in an interscholastic athletic activity must not
approve the Physical Examination Form if the licensed physician,
based on their expertise, reasonably suspects that the student's
chromosomal makeup is inconsistent with the biological sex assigned
to the student at birth.
(b) If a licensed physician suspects a student has
chromosomal characteristics that are different from the biological
sex assigned at birth, the licensed physician must refer the
student for genetic testing to confirm the student's chromosomal
sex.
(c) The University Interscholastic League (UIL) shall adopt
rules as necessary to administer this chapter. These rules must
include procedures for ensuring that physical examinations are
conducted properly, including provisions for addressing cases
where a physician suspects a discrepancy between a student's
assigned sex at birth and their chromosomal sex.
(e) This chapter does not create a cause of action or
liability, nor does it establish a standard of care, obligation, or
duty that provides a basis for a cause of action or liability
against any licensed health care professional, the University
Interscholastic League, a school district, or any district officer
or employee for an injury or death of a student participating in or
practicing for an athletic activity sponsored or sanctioned by the
University Interscholastic League based on or in connection with
the administration or interpretation of this section.
SECTION 3. This Act applies beginning with the 2025-2026
school year.
SECTION 4. 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 on the 60th day after the last day of the
legislative session.