89R1535 EAS-D
By: Tinderholt H.B. No. 3431
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the provision to certain children of
gender transitioning or reassignment procedures and treatments and
gender-affirming therapy and counseling; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.701, Health and Safety Code, as
added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
Regular Session, 2023, is amended by adding Subdivision (3-a) to
read as follows:
(3-a) "Non-physician mental health professional" has
the meaning assigned by Section 571.003.
SECTION 2. Section 161.702, Health and Safety Code, as
added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
CHILDREN; CRIMINAL PENALTY. (a) For the purpose of transitioning
a child's biological sex as determined by the sex organs,
chromosomes, and endogenous profiles of the child or affirming the
child's perception of the child's sex if that perception is
inconsistent with the child's biological sex, a physician or health
care provider may not knowingly:
(1) perform a surgery that sterilizes the child,
including:
(A) castration;
(B) vasectomy;
(C) hysterectomy;
(D) oophorectomy;
(E) metoidioplasty;
(F) orchiectomy;
(G) penectomy;
(H) phalloplasty; and
(I) vaginoplasty;
(2) perform a mastectomy;
(3) provide, prescribe, administer, or dispense any of
the following prescription drugs that induce transient or permanent
infertility:
(A) puberty suppression or blocking prescription
drugs to stop or delay normal puberty;
(B) supraphysiologic doses of testosterone to
females; or
(C) supraphysiologic doses of estrogen to males;
or
(4) remove any otherwise healthy or non-diseased body
part or tissue.
(b) A person who violates this section commits an offense.
An offense under this section is a state jail felony.
SECTION 3. Subchapter X, Chapter 161, Health and Safety
Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
Legislature, Regular Session, 2023, is amended by adding Sections
161.7035 and 161.7036 to read as follows:
Sec. 161.7035. PROHIBITED PROVISION OF GENDER-AFFIRMING
THERAPY AND COUNSELING; CRIMINAL PENALTY. (a) A non-physician
mental health professional may not provide gender-affirming
therapy or counseling to a child to treat gender dysphoria if the
purpose of the therapy or counseling is to affirm a gender
inconsistent with the child's biological sex, as determined by the
sex organs, chromosomes, and endogenous profiles of the child.
(b) A person who violates this section commits an offense.
An offense under this section is a state jail felony.
Sec. 161.7036. PROHIBITED REFERRAL TO HEALTH CARE
PRACTITIONER IN ANOTHER STATE; CRIMINAL PENALTY. (a) A physician,
health care provider, or non-physician mental health professional
may not refer a child to a health care practitioner licensed or
otherwise authorized to provide health care in another state for
provision of:
(1) a procedure or treatment that violates Section
161.702 if performed in this state; or
(2) therapy or counseling that violates Section
161.7035 if performed in this state.
(b) A person who violates this section commits an offense.
An offense under this section is a state jail felony.
SECTION 4. This Act takes effect September 1, 2025.