Texas 2025 - 89th Regular

Texas House Bill HB3399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8311 EAS-D
2	2	By: Money H.B. No. 3399
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of procedures and treatments for gender
10	10	transitioning, gender reassignment, or gender dysphoria and the use
11	11	of public money or public assistance to provide those procedures or
12	12	treatments.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subchapter X, Chapter 161, Health
15	15	and Safety Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
16	16	Legislature, Regular Session, 2023, is amended to read as follows:
17	17	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
18	18	PROCEDURES AND TREATMENTS [FOR CERTAIN CHILDREN]
19	19	SECTION 2. Sections 161.701, 161.702, 161.703, 161.704, and
20	20	161.705, Health and Safety Code, as added by Chapter 335 (S.B. 14),
21	21	Acts of the 88th Legislature, Regular Session, 2023, are amended to
22	22	read as follows:
23	23	Sec. 161.701. DEFINITIONS. In this subchapter:
24	24	(1) ["Child" means an individual who is younger than
25	25	18 years of age.
26	26	[(2)] "Health care provider" means a person other than
27	27	a physician who is licensed, certified, or otherwise authorized by
28	28	this state's laws to provide or render health care or to dispense or
29	29	prescribe a prescription drug in the ordinary course of business or
30	30	practice of a profession.
31	31	(2) [(3)] "Medicaid" means the medical assistance
32	32	program established under Chapter 32, Human Resources Code.
33	33	(3) [(4)] "Physician" means a person licensed to
34	34	practice medicine in this state.
35	35	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
36	36	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS [TO CERTAIN
37	37	CHILDREN]. For the purpose of transitioning a person's [child's]
38	38	biological sex as determined by the sex organs, chromosomes, and
39	39	endogenous profiles of the person [child] or affirming the person's
40	40	[child's] perception of the person's [child's] sex if that
41	41	perception is inconsistent with the person's [child's] biological
42	42	sex, a physician or health care provider may not knowingly:
43	43	(1) perform a surgery that sterilizes the person
44	44	[child], including:
45	45	(A) castration;
46	46	(B) vasectomy;
47	47	(C) hysterectomy;
48	48	(D) oophorectomy;
49	49	(E) metoidioplasty;
50	50	(F) orchiectomy;
51	51	(G) penectomy;
52	52	(H) phalloplasty; and
53	53	(I) vaginoplasty;
54	54	(2) perform a mastectomy;
55	55	(3) provide, prescribe, administer, or dispense any of
56	56	the following prescription drugs that induce transient or permanent
57	57	infertility:
58	58	(A) puberty suppression or blocking prescription
59	59	drugs to stop or delay normal puberty;
60	60	(B) supraphysiologic doses of testosterone to
61	61	females; or
62	62	(C) supraphysiologic doses of estrogen to males;
63	63	or
64	64	(4) remove any otherwise healthy or non-diseased body
65	65	part or tissue.
66	66	Sec. 161.703. EXCEPTIONS. (a) Section 161.702 does not
67	67	apply to the provision by a physician or health care provider to a
68	68	person, including a child with the consent of the child's parent or
69	69	legal guardian, of:
70	70	(1) puberty suppression or blocking prescription
71	71	drugs for the purpose of normalizing puberty for a minor
72	72	experiencing precocious puberty; or
73	73	(2) appropriate and medically necessary procedures or
74	74	treatments to a person [child] who:
75	75	(A) is born with a medically verifiable genetic
76	76	disorder of sex development, including:
77	77	(i) 46,XX chromosomes with virilization;
78	78	(ii) 46,XY chromosomes with
79	79	undervirilization; or
80	80	(iii) both ovarian and testicular tissue;
81	81	or
82	82	(B) does not have the normal sex chromosome
83	83	structure for male or female as determined by a physician through
84	84	genetic testing.
85	85	(b) Section 161.702 does not apply to the provision of a
86	86	prescription drug to a person [child] that is otherwise prohibited
87	87	by that section if:
88	88	(1) the prescription drug is part of a continuing
89	89	course of treatment that the person [child] began before June 1,
90	90	2025 [2023]; and
91	91	(2) the person [child] attended 12 or more sessions of
92	92	mental health counseling or psychotherapy during a period of at
93	93	least six months before the date the course of treatment described
94	94	by Subdivision (1) began.
95	95	(c) A person [child] to whom the exception under Subsection
96	96	(b) applies:
97	97	(1) shall wean off the prescription drug over a period
98	98	of time and in a manner that is safe and medically appropriate and
99	99	that minimizes the risk of complications; and
100	100	(2) may not switch to or begin a course of treatment on
101	101	another prescription drug that a physician or health care provider
102	102	is prohibited from providing to the person [child] under Section
103	103	161.702 or otherwise receive a procedure or treatment prohibited by
104	104	that section.
105	105	Sec. 161.704. PROHIBITED USE OF PUBLIC MONEY. Public money
106	106	may not directly or indirectly be used, granted, paid, or
107	107	distributed to any health care provider, medical school, hospital,
108	108	physician, or any other entity, organization, or individual that
109	109	provides or facilitates the provision of a procedure or treatment
110	110	to a person [child] that is prohibited under Section 161.702.
111	111	Sec. 161.705. PROHIBITED STATE HEALTH PLAN REIMBURSEMENT.
112	112	The commission may not provide Medicaid reimbursement and the child
113	113	health plan program established by Chapter 62 may not provide
114	114	reimbursement to a physician or health care provider for provision
115	115	of a procedure or treatment to a person [child] that is prohibited
116	116	under Section 161.702.
117	117	SECTION 3. Section 32.024(pp), Human Resources Code, as
118	118	added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
119	119	Regular Session, 2023, is redesignated as Section 32.024(rr), Human
120	120	Resources Code, and amended to read as follows:
121	121	(rr) [(pp)] The medical assistance program may not provide
122	122	coverage for services prohibited by Section 161.702, Health and
123	123	Safety Code, that are intended to transition a person's [child's]
124	124	biological sex as determined by the person's [child's] sex organs,
125	125	chromosomes, and endogenous profiles.
126	126	SECTION 4. The heading to Section 164.0552, Occupations
127	127	Code, is amended to read as follows:
128	128	Sec. 164.0552. PROHIBITED ACTS REGARDING GENDER
129	129	TRANSITIONING OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS [ON
130	130	CERTAIN CHILDREN].
131	131	SECTION 5. If before implementing any provision of this Act
132	132	a state agency determines a waiver or authorization from a federal
133	133	agency is necessary for implementation of that provision, the
134	134	agency affected by the provision shall request the waiver or
135	135	authorization and may delay implementing that provision until the
136	136	waiver or authorization is granted.
137	137	SECTION 6. This Act takes effect September 1, 2025.