Texas 2025 - 89th Regular

Texas Senate Bill SB115 Compare Versions

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

Old	New	Differences
1	1	89R2436 SCL-D
2	2	By: Hall S.B. No. 115
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil liability for, governmental health plan coverage
10	10	of, and public funding for gender modification procedures and
11	11	treatments.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The legislature finds that:
14	14	(1) as evidenced by a 2018 video of a Vanderbilt
15	15	University Medical Center administrator who promoted gender
16	16	modification surgeries as financially beneficial and stated that
17	17	entire clinics are being financed by phalloplasties, the medical
18	18	community has knowledge that many so-called "gender-affirming"
19	19	treatments are not in the best interest of the health of the patient
20	20	but rather are being promoted for the monetary gain the health care
21	21	facilities will receive from providing those treatments; and
22	22	(2) the medical community has a conflict of interest
23	23	in offering gender modification treatments and procedures because
24	24	those treatments and procedures create lifelong patients as a
25	25	result of required follow-up visits after those treatments and
26	26	procedures.
27	27	SECTION 2. Title 4, Civil Practice and Remedies Code, is
28	28	amended by adding Chapter 74B to read as follows:
29	29	CHAPTER 74B. LIABILITY FOR GENDER MODIFICATION PROCEDURES AND
30	30	TREATMENTS
31	31	Sec. 74B.001. DEFINITION. In this chapter, "gender
32	32	modification procedure or treatment" means a health care procedure
33	33	or treatment provided for the purpose of transitioning a patient's
34	34	biological sex, as determined by the patient's sex organs,
35	35	chromosomes, and endogenous profiles, or affirming the patient's
36	36	perception of the patient's sex if that perception is inconsistent
37	37	with the patient's sex. The term includes:
38	38	(1) a surgery that sterilizes the patient, including:
39	39	(A) castration;
40	40	(B) vasectomy;
41	41	(C) hysterectomy;
42	42	(D) oophorectomy;
43	43	(E) metoidioplasty;
44	44	(F) orchiectomy;
45	45	(G) penectomy;
46	46	(H) phalloplasty; and
47	47	(I) vaginoplasty;
48	48	(2) a mastectomy;
49	49	(3) the prescription, administration, or supply of any
50	50	of the following medications that induce transient or permanent
51	51	infertility:
52	52	(A) puberty-blocking medication to stop or delay
53	53	normal puberty;
54	54	(B) supraphysiologic doses of testosterone to
55	55	females; or
56	56	(C) supraphysiologic doses of estrogen to males;
57	57	and
58	58	(4) the removal of any otherwise healthy or
59	59	non-diseased body part or tissue.
60	60	Sec. 74B.002. CONFLICT OF LAWS. To the extent this chapter
61	61	conflicts with another law, this chapter prevails.
62	62	Sec. 74B.003. STRICT LIABILITY FOR HEALTH COVERAGE. A
63	63	health benefit plan issuer is strictly liable to a patient for the
64	64	patient's medical, mental health, and pharmaceutical costs,
65	65	including costs associated with reversing a gender modification
66	66	procedure or treatment, incurred for the life of the patient as a
67	67	result of a gender modification procedure or treatment covered by
68	68	the issuer's plan.
69	69	Sec. 74B.004. LIABILITY FOR PHYSICIAN OR HEALTH CARE
70	70	PROVIDER. A physician or health care provider who provides a gender
71	71	modification procedure or treatment to a patient is:
72	72	(1) liable to the patient for a malpractice claim in
73	73	the provision of the procedure or treatment; and
74	74	(2) strictly liable to the patient for the patient's
75	75	medical, mental health, and pharmaceutical costs, including costs
76	76	associated with reversing a gender modification procedure or
77	77	treatment, incurred for the life of the patient as a result of the
78	78	procedure or treatment.
79	79	Sec. 74B.005. EXCEPTIONS. Sections 74B.003 and 74B.004 do
80	80	not apply to the provision by a physician or health care provider,
81	81	with the consent of a child's parent or legal guardian, if
82	82	applicable, and the coverage by a health benefit plan of
83	83	appropriate and medically necessary gender modification procedures
84	84	or treatments to a patient who:
85	85	(1) is born with a medically verifiable genetic
86	86	disorder of sex development, including:
87	87	(A) 46,XX chromosomes with virilization;
88	88	(B) 46,XY chromosomes with undervirilization; or
89	89	(C) both ovarian and testicular tissue; or
90	90	(2) does not have the normal sex chromosome structure
91	91	for male or female as determined by a physician through genetic
92	92	testing.
93	93	SECTION 3. Subtitle F, Title 10, Government Code, is
94	94	amended by adding Chapter 2273A to read as follows:
95	95	CHAPTER 2273A. PROHIBITED USES OF PUBLIC MONEY
96	96	Sec. 2273A.001. DEFINITIONS. In this chapter:
97	97	(1) "Gender modification procedure or treatment" has
98	98	the meaning assigned by Section 74B.001, Civil Practice and
99	99	Remedies Code.
100	100	(2) "Governmental entity" means this state, a state
101	101	agency, or a political subdivision.
102	102	Sec. 2273A.002. USE FOR GENDER MODIFICATION PROCEDURE OR
103	103	TREATMENT. A governmental entity may not use or provide public
104	104	money for the provision or administration of a gender modification
105	105	procedure or treatment.
106	106	SECTION 4. Subtitle E, Title 8, Insurance Code, is amended
107	107	by adding Chapter 1373 to read as follows:
108	108	CHAPTER 1373. PROHIBITED COVERAGE OF GENDER MODIFICATION
109	109	PROCEDURES AND TREATMENTS
110	110	Sec. 1373.001. DEFINITION. In this chapter, "gender
111	111	modification procedure or treatment" has the meaning assigned by
112	112	Section 74B.001, Civil Practice and Remedies Code.
113	113	Sec. 1373.002. APPLICABILITY OF CHAPTER. Notwithstanding
114	114	any other law, this chapter applies only to:
115	115	(1) a basic coverage plan under Chapter 1551;
116	116	(2) a basic plan under Chapter 1575;
117	117	(3) a primary care coverage plan under Chapter 1579;
118	118	(4) a plan providing basic coverage under Chapter
119	119	1601;
120	120	(5) the state Medicaid program, including the Medicaid
121	121	managed care program operated under Chapter 540, Government Code;
122	122	and
123	123	(6) the child health plan program under Chapter 62,
124	124	Health and Safety Code.
125	125	Sec. 1373.003. PROHIBITED COVERAGE; EXCEPTION. (a) A
126	126	health benefit plan may not provide coverage for a gender
127	127	modification procedure or treatment.
128	128	(b) This section does not apply to the coverage by a health
129	129	benefit plan of appropriate and medically necessary gender
130	130	modification procedures or treatments to a patient who:
131	131	(1) is born with a medically verifiable genetic
132	132	disorder of sex development, including:
133	133	(A) 46,XX chromosomes with virilization;
134	134	(B) 46,XY chromosomes with undervirilization; or
135	135	(C) both ovarian and testicular tissue; or
136	136	(2) does not have the normal sex chromosome structure
137	137	for male or female as determined by a physician through genetic
138	138	testing.
139	139	SECTION 5. (a) Chapter 74B, Civil Practice and Remedies
140	140	Code, as added by this Act, applies only to a cause of action that
141	141	accrues on or after the effective date of this Act.
142	142	(b) The changes in law made by this Act apply only to a
143	143	health benefit plan delivered, issued for delivery, or renewed on
144	144	or after the effective date of this Act.
145	145	SECTION 6. This Act takes effect September 1, 2025.