Texas 2025 - 89th Regular

Texas House Bill HB3431 Compare Versions

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

Old	New	Differences
1	1	89R1535 EAS-D
2	2	By: Tinderholt H.B. No. 3431
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibitions on the provision to certain children of
10	10	gender transitioning or reassignment procedures and treatments and
11	11	gender-affirming therapy and counseling; creating criminal
12	12	offenses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 161.701, Health and Safety Code, as
15	15	added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
16	16	Regular Session, 2023, is amended by adding Subdivision (3-a) to
17	17	read as follows:
18	18	(3-a) "Non-physician mental health professional" has
19	19	the meaning assigned by Section 571.003.
20	20	SECTION 2. Section 161.702, Health and Safety Code, as
21	21	added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
22	22	Regular Session, 2023, is amended to read as follows:
23	23	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
24	24	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
25	25	CHILDREN; CRIMINAL PENALTY. (a) For the purpose of transitioning
26	26	a child's biological sex as determined by the sex organs,
27	27	chromosomes, and endogenous profiles of the child or affirming the
28	28	child's perception of the child's sex if that perception is
29	29	inconsistent with the child's biological sex, a physician or health
30	30	care provider may not knowingly:
31	31	(1) perform a surgery that sterilizes the child,
32	32	including:
33	33	(A) castration;
34	34	(B) vasectomy;
35	35	(C) hysterectomy;
36	36	(D) oophorectomy;
37	37	(E) metoidioplasty;
38	38	(F) orchiectomy;
39	39	(G) penectomy;
40	40	(H) phalloplasty; and
41	41	(I) vaginoplasty;
42	42	(2) perform a mastectomy;
43	43	(3) provide, prescribe, administer, or dispense any of
44	44	the following prescription drugs that induce transient or permanent
45	45	infertility:
46	46	(A) puberty suppression or blocking prescription
47	47	drugs to stop or delay normal puberty;
48	48	(B) supraphysiologic doses of testosterone to
49	49	females; or
50	50	(C) supraphysiologic doses of estrogen to males;
51	51	or
52	52	(4) remove any otherwise healthy or non-diseased body
53	53	part or tissue.
54	54	(b) A person who violates this section commits an offense.
55	55	An offense under this section is a state jail felony.
56	56	SECTION 3. Subchapter X, Chapter 161, Health and Safety
57	57	Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
58	58	Legislature, Regular Session, 2023, is amended by adding Sections
59	59	161.7035 and 161.7036 to read as follows:
60	60	Sec. 161.7035. PROHIBITED PROVISION OF GENDER-AFFIRMING
61	61	THERAPY AND COUNSELING; CRIMINAL PENALTY. (a) A non-physician
62	62	mental health professional may not provide gender-affirming
63	63	therapy or counseling to a child to treat gender dysphoria if the
64	64	purpose of the therapy or counseling is to affirm a gender
65	65	inconsistent with the child's biological sex, as determined by the
66	66	sex organs, chromosomes, and endogenous profiles of the child.
67	67	(b) A person who violates this section commits an offense.
68	68	An offense under this section is a state jail felony.
69	69	Sec. 161.7036. PROHIBITED REFERRAL TO HEALTH CARE
70	70	PRACTITIONER IN ANOTHER STATE; CRIMINAL PENALTY. (a) A physician,
71	71	health care provider, or non-physician mental health professional
72	72	may not refer a child to a health care practitioner licensed or
73	73	otherwise authorized to provide health care in another state for
74	74	provision of:
75	75	(1) a procedure or treatment that violates Section
76	76	161.702 if performed in this state; or
77	77	(2) therapy or counseling that violates Section
78	78	161.7035 if performed in this state.
79	79	(b) A person who violates this section commits an offense.
80	80	An offense under this section is a state jail felony.
81	81	SECTION 4. This Act takes effect September 1, 2025.