Texas House Bill HB3817

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to creating the criminal offense of gender identity fraud.

Note

HB3817 is set to take effect on September 1, 2025, should it be enacted.

Impact

The introduction of HB3817 could significantly impact how gender identity is perceived and treated legally within Texas. By criminalizing misrepresentation of biological sex, the bill may create a chilling effect on individuals expressing their gender identity. The repercussions of being charged with gender identity fraud as a state jail felony could further complicate the challenges faced by transgender and non-binary individuals, who already navigate legal and social vulnerabilities. This law could serve as a precedent for similar legislation in other states, potentially fostering a national conversation about gender identity rights and legal definitions.

Summary

House Bill 3817 aims to establish the criminal offense of gender identity fraud in Texas. This bill stipulates that a person would commit an offense if they knowingly make false or misleading statements about their biological sex to governmental entities or employers. Specifically, the bill focuses on individuals identifying their biological sex as the opposite of what was assigned at birth, effectively targeting misrepresentation related to gender identity. If passed, this bill will amend the Texas Penal Code by introducing Section 32.515, which outlines the parameters of the new offense.

Contention

Controversy surrounding HB3817 likely stems from the implications it poses on civil liberties and the rights of individuals regarding their gender identity. Advocates for LGBTQ+ rights may argue that the bill is discriminatory, as it seeks to impose punitive measures on individuals based on their gender identity or expression. Opponents of the bill may voice concerns that it undermines the rights of transgender people, making it more difficult for them to navigate bureaucratic processes and participate fully in society. Supporters may frame the legislation as a necessary measure to protect against deception in governmental and employment contexts, highlighting a divide in societal perceptions of gender identity.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 32. Fraud
  • Section: New Section