Texas 2025 - 89th Regular

Texas House Bill HB1655 Latest Draft

Bill / Introduced Version Filed 12/18/2024

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                            89R5870 KRM-D
 By: Schatzline H.B. No. 1655




 A BILL TO BE ENTITLED
 AN ACT
 relating to a policy prohibiting public school employees from
 assisting a student with social transitioning and to the loss of
 state funding for a violation by a public school.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 11, Education Code, is amended by adding
 Subchapter I to read as follows:
 SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED
 Sec. 11.401.  SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL
 TRANSITIONING PROHIBITED.  (a)  In this subchapter, "social
 transitioning" means a person's transition from the gender identity
 associated with the person's biological sex assigned at birth to an
 alternative gender identity through the adoption of a different
 name, different pronouns, or other expressions of gender, including
 clothing and hairstyles, that are:
 (1)  typically associated with the biological sex
 opposite of the person's biological sex assigned at birth; and
 (2)  intended to communicate the person's alternative
 gender identity.
 (b)  The board of trustees of a school district shall adopt a
 policy prohibiting an employee of the district from assisting a
 student enrolled in the district with social transitioning,
 including by providing any information about social transitioning
 or providing guidelines intended to assist a person with social
 transitioning.
 (c)  A parent of a student enrolled in the district or a
 district employee may report to the board of trustees of the
 district a suspected violation of the policy adopted under
 Subsection (b). The board shall investigate any suspected
 violation and determine whether the violation occurred. If the
 board determines that a district employee has assisted a student
 enrolled at the district with social transitioning, the board shall
 immediately report the violation to the commissioner.
 (d)  If the commissioner finds on an appeal under Section
 7.057 that a school district has violated this section, or if the
 board of trustees of a district notifies the commissioner about a
 violation of the district's policy adopted under Subsection (b),
 notwithstanding any other law, the commissioner shall withhold the
 funding to which the district is entitled under Chapters 46, 48, and
 49 for the school year during which the violation occurred. The
 commissioner may adjust the district's entitlement to funding under
 those chapters for subsequent school years as necessary to recover
 any state funding already paid to the district for the school year
 in which the violation occurred.
 SECTION 2.  Section 12.104, Education Code, is amended by
 adding Subsection (b-5) to read as follows:
 (b-5)  Section 11.401 applies to an open-enrollment charter
 school as though the governing body of the school were the board of
 trustees of a school district.
 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 September 1, 2025.