1 | 1 | | 89R5870 KRM-D |
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2 | 2 | | By: Schatzline H.B. No. 1655 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a policy prohibiting public school employees from |
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10 | 10 | | assisting a student with social transitioning and to the loss of |
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11 | 11 | | state funding for a violation by a public school. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 11, Education Code, is amended by adding |
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14 | 14 | | Subchapter I to read as follows: |
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15 | 15 | | SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED |
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16 | 16 | | Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL |
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17 | 17 | | TRANSITIONING PROHIBITED. (a) In this subchapter, "social |
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18 | 18 | | transitioning" means a person's transition from the gender identity |
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19 | 19 | | associated with the person's biological sex assigned at birth to an |
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20 | 20 | | alternative gender identity through the adoption of a different |
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21 | 21 | | name, different pronouns, or other expressions of gender, including |
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22 | 22 | | clothing and hairstyles, that are: |
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23 | 23 | | (1) typically associated with the biological sex |
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24 | 24 | | opposite of the person's biological sex assigned at birth; and |
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25 | 25 | | (2) intended to communicate the person's alternative |
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26 | 26 | | gender identity. |
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27 | 27 | | (b) The board of trustees of a school district shall adopt a |
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28 | 28 | | policy prohibiting an employee of the district from assisting a |
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29 | 29 | | student enrolled in the district with social transitioning, |
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30 | 30 | | including by providing any information about social transitioning |
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31 | 31 | | or providing guidelines intended to assist a person with social |
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32 | 32 | | transitioning. |
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33 | 33 | | (c) A parent of a student enrolled in the district or a |
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34 | 34 | | district employee may report to the board of trustees of the |
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35 | 35 | | district a suspected violation of the policy adopted under |
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36 | 36 | | Subsection (b). The board shall investigate any suspected |
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37 | 37 | | violation and determine whether the violation occurred. If the |
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38 | 38 | | board determines that a district employee has assisted a student |
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39 | 39 | | enrolled at the district with social transitioning, the board shall |
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40 | 40 | | immediately report the violation to the commissioner. |
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41 | 41 | | (d) If the commissioner finds on an appeal under Section |
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42 | 42 | | 7.057 that a school district has violated this section, or if the |
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43 | 43 | | board of trustees of a district notifies the commissioner about a |
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44 | 44 | | violation of the district's policy adopted under Subsection (b), |
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45 | 45 | | notwithstanding any other law, the commissioner shall withhold the |
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46 | 46 | | funding to which the district is entitled under Chapters 46, 48, and |
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47 | 47 | | 49 for the school year during which the violation occurred. The |
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48 | 48 | | commissioner may adjust the district's entitlement to funding under |
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49 | 49 | | those chapters for subsequent school years as necessary to recover |
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50 | 50 | | any state funding already paid to the district for the school year |
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51 | 51 | | in which the violation occurred. |
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52 | 52 | | SECTION 2. Section 12.104, Education Code, is amended by |
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53 | 53 | | adding Subsection (b-5) to read as follows: |
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54 | 54 | | (b-5) Section 11.401 applies to an open-enrollment charter |
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55 | 55 | | school as though the governing body of the school were the board of |
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56 | 56 | | trustees of a school district. |
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57 | 57 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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58 | 58 | | school year. |
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59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 63 | | Act takes effect September 1, 2025. |
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