Texas 2025 - 89th Regular

Texas House Bill HB229 Compare Versions

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11 89R948 EAS-D
22 By: Troxclair H.B. No. 229
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to general definitions for and collection of governmental
1010 information regarding biological sex.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. FINDINGS. The legislature finds that:
1313 (1) males and females possess unique immutable
1414 biological differences that manifest prior to birth and increase as
1515 individuals age and experience puberty;
1616 (2) biological differences between the sexes mean that
1717 only females are able to get pregnant, give birth, and breastfeed
1818 children;
1919 (3) biological differences between the sexes mean that
2020 males are, on average, bigger, stronger, and faster than females;
2121 (4) biological differences between the sexes leave
2222 females more physically vulnerable than males to specific forms of
2323 violence, including sexual violence;
2424 (5) females have historically suffered discrimination
2525 in education, athletics, and employment;
2626 (6) biological differences between the sexes are
2727 enduring and may, in some circumstances, warrant the creation of
2828 separate social, educational, athletic, or other spaces in order to
2929 ensure individuals' safety and allow members of each sex to succeed
3030 and thrive;
3131 (7) inconsistencies in court rulings and policy
3232 initiatives with regard to the definitions of "sex," "male,"
3333 "female," "man," and "woman" have led to endangerment of single-sex
3434 spaces and resources, necessitating clarification of certain
3535 terms;
3636 (8) in the context of biological sex:
3737 (A) "equal" does not mean "same" or "identical";
3838 and
3939 (B) separate is not inherently unequal;
4040 (9) there are legitimate reasons to distinguish
4141 between the sexes with respect to athletics, prisons and other
4242 correctional facilities, domestic violence shelters, rape crisis
4343 centers, locker rooms, restrooms, and other areas where biology,
4444 safety, or privacy are implicated; and
4545 (10) policies and laws that distinguish between the
4646 sexes are subject to intermediate constitutional scrutiny, which
4747 forbids unfair discrimination against similarly situated males and
4848 females but allows the law to distinguish between the sexes where
4949 such distinctions are substantially related to important
5050 governmental objectives.
5151 SECTION 2. Section 311.005, Government Code, is amended by
5252 adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to
5353 read as follows:
5454 (14) "Boy" means a child of the male sex.
5555 (15) "Father" means a parent of the male sex.
5656 (16) "Female" and "woman" mean an individual whose
5757 biological reproductive system is developed to produce ova.
5858 (17) "Girl" means a child of the female sex.
5959 (18) "Male" and "man" mean an individual whose
6060 biological reproductive system is developed to fertilize the ova of
6161 a female.
6262 (19) "Mother" means a parent of the female sex.
6363 (20) "Sex" means an individual's biological sex,
6464 either male or female.
6565 SECTION 3. Chapter 2051, Government Code, is amended by
6666 adding Subchapter G to read as follows:
6767 SUBCHAPTER G. VITAL STATISTICS INFORMATION COLLECTION
6868 Sec. 2051.251. DEFINITION. In this subchapter,
6969 "governmental entity" has the meaning assigned by Section 2051.041.
7070 Sec. 2051.252. VITAL STATISTICS INFORMATION COLLECTION BY
7171 GOVERNMENTAL ENTITY. A governmental entity that collects vital
7272 statistics information that identifies the sex of an individual for
7373 the purpose of complying with antidiscrimination laws or for the
7474 purpose of gathering public health, crime, economic, or other data
7575 shall identify each individual as either male or female.
7676 SECTION 4. This Act takes effect September 1, 2025.