89R11998 AND-F
By: Plesa H.B. No. 3769
A BILL TO BE ENTITLED
AN ACT
relating to the provision of contraception to students at public
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9185 to read as follows:
Sec. 51.9185. AVAILABILITY OF NON-PRESCRIPTION
CONTRACEPTION. (a) In this section:
(1) "Campus" means an educational unit under the
management and control of an institution of higher education and
may include, in addition to the main campus, off-campus and
secondary locations, such as branch campuses, teaching locations,
and regional centers.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) An institution of higher education shall make condoms
available to students enrolled at the institution free of charge,
or for purchase through an automated vending machine:
(1) in each residence hall on the institution's
campus, in a location accessible at all times to students residing
in the residence hall; and
(2) in each public women's restroom and public
all-gender restroom in a residence hall on the institution's
campus.
(c) An institution of higher education may make available to
students enrolled at the institution any birth control option
approved by the United States Food and Drug Administration for sale
over the counter available in addition to the condoms made
available under Subsection (b).
SECTION 2. Section 51.9185, Education Code, as added by
this Act, applies beginning with the 2025-2026 academic year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.