| 1 | 1 | | 89R11998 AND-F |
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| 2 | 2 | | By: Plesa H.B. No. 3769 |
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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 the provision of contraception to students at public |
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| 10 | 10 | | institutions of higher education. |
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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. Subchapter Z, Chapter 51, Education Code, is |
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| 13 | 13 | | amended by adding Section 51.9185 to read as follows: |
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| 14 | 14 | | Sec. 51.9185. AVAILABILITY OF NON-PRESCRIPTION |
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| 15 | 15 | | CONTRACEPTION. (a) In this section: |
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| 16 | 16 | | (1) "Campus" means an educational unit under the |
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| 17 | 17 | | management and control of an institution of higher education and |
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| 18 | 18 | | may include, in addition to the main campus, off-campus and |
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| 19 | 19 | | secondary locations, such as branch campuses, teaching locations, |
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| 20 | 20 | | and regional centers. |
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| 21 | 21 | | (2) "Institution of higher education" has the meaning |
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| 22 | 22 | | assigned by Section 61.003. |
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| 23 | 23 | | (b) An institution of higher education shall make condoms |
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| 24 | 24 | | available to students enrolled at the institution free of charge, |
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| 25 | 25 | | or for purchase through an automated vending machine: |
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| 26 | 26 | | (1) in each residence hall on the institution's |
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| 27 | 27 | | campus, in a location accessible at all times to students residing |
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| 28 | 28 | | in the residence hall; and |
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| 29 | 29 | | (2) in each public women's restroom and public |
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| 30 | 30 | | all-gender restroom in a residence hall on the institution's |
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| 31 | 31 | | campus. |
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| 32 | 32 | | (c) An institution of higher education may make available to |
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| 33 | 33 | | students enrolled at the institution any birth control option |
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| 34 | 34 | | approved by the United States Food and Drug Administration for sale |
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| 35 | 35 | | over the counter available in addition to the condoms made |
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| 36 | 36 | | available under Subsection (b). |
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| 37 | 37 | | SECTION 2. Section 51.9185, Education Code, as added by |
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| 38 | 38 | | this Act, applies beginning with the 2025-2026 academic year. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2025. |
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