1 | 1 | | 89R948 EAS-D |
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2 | 2 | | By: Troxclair H.B. No. 229 |
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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 general definitions for and collection of governmental |
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10 | 10 | | information regarding biological sex. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. FINDINGS. The legislature finds that: |
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13 | 13 | | (1) males and females possess unique immutable |
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14 | 14 | | biological differences that manifest prior to birth and increase as |
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15 | 15 | | individuals age and experience puberty; |
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16 | 16 | | (2) biological differences between the sexes mean that |
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17 | 17 | | only females are able to get pregnant, give birth, and breastfeed |
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18 | 18 | | children; |
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19 | 19 | | (3) biological differences between the sexes mean that |
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20 | 20 | | males are, on average, bigger, stronger, and faster than females; |
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21 | 21 | | (4) biological differences between the sexes leave |
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22 | 22 | | females more physically vulnerable than males to specific forms of |
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23 | 23 | | violence, including sexual violence; |
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24 | 24 | | (5) females have historically suffered discrimination |
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25 | 25 | | in education, athletics, and employment; |
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26 | 26 | | (6) biological differences between the sexes are |
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27 | 27 | | enduring and may, in some circumstances, warrant the creation of |
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28 | 28 | | separate social, educational, athletic, or other spaces in order to |
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29 | 29 | | ensure individuals' safety and allow members of each sex to succeed |
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30 | 30 | | and thrive; |
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31 | 31 | | (7) inconsistencies in court rulings and policy |
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32 | 32 | | initiatives with regard to the definitions of "sex," "male," |
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33 | 33 | | "female," "man," and "woman" have led to endangerment of single-sex |
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34 | 34 | | spaces and resources, necessitating clarification of certain |
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35 | 35 | | terms; |
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36 | 36 | | (8) in the context of biological sex: |
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37 | 37 | | (A) "equal" does not mean "same" or "identical"; |
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38 | 38 | | and |
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39 | 39 | | (B) separate is not inherently unequal; |
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40 | 40 | | (9) there are legitimate reasons to distinguish |
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41 | 41 | | between the sexes with respect to athletics, prisons and other |
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42 | 42 | | correctional facilities, domestic violence shelters, rape crisis |
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43 | 43 | | centers, locker rooms, restrooms, and other areas where biology, |
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44 | 44 | | safety, or privacy are implicated; and |
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45 | 45 | | (10) policies and laws that distinguish between the |
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46 | 46 | | sexes are subject to intermediate constitutional scrutiny, which |
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47 | 47 | | forbids unfair discrimination against similarly situated males and |
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48 | 48 | | females but allows the law to distinguish between the sexes where |
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49 | 49 | | such distinctions are substantially related to important |
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50 | 50 | | governmental objectives. |
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51 | 51 | | SECTION 2. Section 311.005, Government Code, is amended by |
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52 | 52 | | adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to |
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53 | 53 | | read as follows: |
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54 | 54 | | (14) "Boy" means a child of the male sex. |
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55 | 55 | | (15) "Father" means a parent of the male sex. |
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56 | 56 | | (16) "Female" and "woman" mean an individual whose |
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57 | 57 | | biological reproductive system is developed to produce ova. |
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58 | 58 | | (17) "Girl" means a child of the female sex. |
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59 | 59 | | (18) "Male" and "man" mean an individual whose |
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60 | 60 | | biological reproductive system is developed to fertilize the ova of |
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61 | 61 | | a female. |
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62 | 62 | | (19) "Mother" means a parent of the female sex. |
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63 | 63 | | (20) "Sex" means an individual's biological sex, |
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64 | 64 | | either male or female. |
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65 | 65 | | SECTION 3. Chapter 2051, Government Code, is amended by |
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66 | 66 | | adding Subchapter G to read as follows: |
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67 | 67 | | SUBCHAPTER G. VITAL STATISTICS INFORMATION COLLECTION |
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68 | 68 | | Sec. 2051.251. DEFINITION. In this subchapter, |
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69 | 69 | | "governmental entity" has the meaning assigned by Section 2051.041. |
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70 | 70 | | Sec. 2051.252. VITAL STATISTICS INFORMATION COLLECTION BY |
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71 | 71 | | GOVERNMENTAL ENTITY. A governmental entity that collects vital |
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72 | 72 | | statistics information that identifies the sex of an individual for |
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73 | 73 | | the purpose of complying with antidiscrimination laws or for the |
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74 | 74 | | purpose of gathering public health, crime, economic, or other data |
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75 | 75 | | shall identify each individual as either male or female. |
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76 | 76 | | SECTION 4. This Act takes effect September 1, 2025. |
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